Which of the following is commonly required for testamentary capacity?

• A. Understanding the nature and extent of property
• B. All of the above
• C. Identifying natural objects of bounty
• D. Coordinating this knowledge with the disposition set out in the will

Answer: (B)

Testamentary capacity requires enough understanding to grasp what they’re doing and to relate that understanding to their property and the people who might benefit. The common standard looks for several intertwined elements: the ability to understand the nature of making a will and its effects; awareness of the extent and nature of the property being disposed of; the ability to identify the natural objects of bounty—the people who would ordinarily be expected to benefit; and the capacity to coordinate that factual knowledge with the disposition the will sets out. Each of these parts contributes to a coherent plan reflecting the testator’s wishes, so a capacity that includes all of them is considered the usual, and best, description of testamentary capacity. If someone lacks awareness of what property exists or cannot recognize potential beneficiaries, or cannot align those facts with the disposition, capacity is undermined.