Is merely knowing that you are signing a will sufficient to meet the capacity standard?

• A. Yes
• B. No
• C. Sometimes
• D. Only if accompanied by witnesses

Answer: (B)

Capacity to make a will means more than simply knowing you are signing a document. It requires that at the time of signing you understand what a will does, know the nature and extent of your property, and recognize who would reasonably be expected to benefit from your estate. Merely knowing you’re signing a will doesn’t show that understanding. A person could be aware that a document is a will but still lack the ability to grasp the consequences, to identify who should be favored, or to appreciate the value and distribution of their assets. The presence of witnesses doesn’t fix or prove capacity; witnesses attest to the act of signing, not the signer’s mental state. So mere knowledge of the act does not meet the standard.