What must be proven to establish lack of testamentary capacity at the time of execution?

• A. Lack of mental capacity at the time of execution.
• B. Ownership of property.
• C. The will was not properly witnessed.
• D. The testator's age alone.

Answer: (A)

To challenge a will for lack of capacity, the key point is showing the testator did not understand the act of making a will and its consequences at the moment of signing. This means evidence that at the time of execution they could not grasp what property they owned, who would be natural beneficiaries, or how the dispositions in the will would affect those relationships. If the testator understood these basics, capacity is present even if memory is imperfect or cognitive issues arise later. Ownership of property alone doesn’t prove incapacity, and whether the will was properly witnessed concerns formal validity rather than the person’s ability at execution. Age alone is not determinative, since a person of any age can sometimes have or lack capacity depending on their understanding at that moment.