Also known as: sound mind and memory · testamentary capacity · sound mind
Written by attorneys · grounded in primary & secondary sources — see below
The mental capacity of a testator to execute a valid will. The testator must understand the nature and extent of property, the natural objects of bounty, and the intended disposition of assets.
Matthew Martinez, age forty-five, drafted a will leaving his business assets to his longtime partner. He reviewed his property holdings and family relationships before signing. The document met all formal requirements under the applicable statute.
Matthew Miller, age seventy, executed a will leaving his estate to his niece after reviewing his assets and family ties. He discussed the plan with his attorney and signed in the presence of witnesses. The court later assessed whether his mental state satisfied the mind and memory standard.
Select any source to read its text and confirm it supports the definition.
Maria Morales, age sixty-two, signed a will after meeting with counsel to list her real estate and name her children as beneficiaries. She confirmed her understanding of the plan before witnesses. The probate court evaluated her degree of mental soundness at execution.
Marcus Mitchell, age eighty, met with his lawyer to prepare a will distributing his savings and home. He identified his heirs and explained the intended shares before signing. The court examined whether he possessed the required mind and memory.
Monica Morgan, age fifty-five, reviewed a draft will with her attorney that left her art collection to a museum. She restated the gifts and confirmed her property holdings before signing. The court later examined whether her comprehension satisfied the mind and memory standard.
Mariam Mansour, age seventy-eight, executed a will naming her domestic partner as sole beneficiary after listing her accounts and real property. She affirmed her understanding of the disposition to witnesses. The probate court assessed whether her faculties met the legal test.
The testator must know the nature and extent of property, recognize the natural objects of bounty, understand the disposition being made, and relate these elements to form an orderly plan. This standard appears in both uniform probate statutes and the Restatement.
No. The test requires only general understanding at the moment of execution. Isolated lapses do not invalidate a will if the testator still comprehends property, beneficiaries, and the plan.
Testamentary capacity is lower than contractual capacity. A person may lack capacity to contract yet still possess the understanding needed to make a will.
The contestant must establish lack of capacity by a preponderance of the evidence. Capacity is presumed once the proponent shows due execution.
…however, the trust company, pursuant to the requirements of § 100-c (9), had notified by mail each person of full age and sound mind whose name and address were then known to it and who was "entitled to share in the income therefrom. . . [or] . . . who would be entitled to share in the principal if the event upon which…