What standard governs proving 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)

Testamentary capacity is judged by what the testator understood at the moment of signing the will. To prove lack of capacity, you look for evidence that, at execution, the testator did not grasp the nature of the act (that they were signing a will), the nature and extent of their property, and the natural objects of their bounty (who would reasonably be expected to benefit). If impairment—due to mental illness, dementia, intoxication, or another condition—prevented that understanding, the will can be invalid for lack of testamentary capacity.

Ownership of property, while relevant to the contents of the will, does not alone prove capacity. Being properly witnessed affects formal validity, not the mental standard at execution. Age alone also doesn’t determine capacity, since adulthood doesn’t guarantee the necessary understanding at that moment.