Testamentary Capacity - "Testamentary Capacity" simply means that a person must be:
Of sound mind - The testator must be of sound mind at the time the will is executed. If the testator subsequently becomes of unsound mind, the validity of a previously made will is question that a court may ultimately have to determine
Of the minimum legal age to execute a valid Will. Most states set 18, as the minimum age to make a valid will. This age is often the same as the age of majority, but a few states are exceptions.
Fraud, Duress or Undue Influence
The testator must not have been under duress, undue influence or some type of fraud at the time the will was executed. If this can be proven in court, the will may be thrown out. not affected. Whether a person was of sound mind when a will was signed is a factual