testamentary capacity

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The ability to make a legally valid will. Persons under 18 years (apart from members of the armed forces on active service – see privileged will) and mental patients do not have testamentary capacity. The testator must, at the time he makes his will, understand the nature of the document, the property of which he is disposing, the persons who have a natural claim to provision from his estate, and the manner in which he provides for his estate to be distributed. See also undue influence.

Subjects: Law.

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