Also known as: de bona memoria · de bone memorie · of good memory · sound mind
Written by attorneys · grounded in primary & secondary sources — see below
A condition of mental soundness required for a person to execute a valid will or perform other legal acts. The condition demands capacity to understand the nature and extent of one's property, the natural objects of one's bounty, and the disposition being made.
Destiny Davis, an adult dairy farmer, signed a typed will in her kitchen leaving equipment to her son. Two adult witnesses of sound mind observed the signing and added their signatures. A later challenge by other heirs questioned the testator's competence, but the court upheld the will because Davis met the basic capacity standard.
Damian Decker, an adult testator, signed a will leaving his estate to his daughter. Two witnesses later testified he understood the property and his heirs. The court rejected a challenge because the evidence showed he possessed the required sound mind at execution.
Select any source to read its text and confirm it supports the definition.
Darius Dixon, an adult rancher, executed a will naming his spouse as sole beneficiary. Evidence showed he understood his assets and family at signing. The court admitted the will because Dixon possessed sound mind despite later mental-health claims.
Dorothy Daniels, age 45, executed a will dividing land among her three adult children. She identified each heir and the parcels involved. The probate court found she had the requisite sound mind and admitted the will to probate.
Daniel Diaz, a competent adult, signed a will at his attorney's office disposing of his business interests. He named his children and explained the gifts. The court upheld the will, finding he possessed sound mind and understood the disposition.
Daphne Doyle, an adult widow, executed a will leaving her home to a niece. She described her property and family relationships to witnesses. The probate court found she had sound mind and the will was valid.
The phrase requires the testator to possess mental capacity at execution to understand the nature and extent of property, the natural objects of bounty, and the disposition being made. A person must also be at least eighteen years old under the Uniform Probate Code. Failure to meet this standard renders the will void.
Supporting sources
No. Modern probate rules allow any generally competent adult of sound mind to witness a will even if the witness is a beneficiary. The focus remains on the witness's basic capacity to observe and recall the execution rather than on any financial interest.
Supporting sources
No. A person under eighteen lacks capacity to make a will regardless of apparent maturity or independence. The purported will is void from the outset and cannot be ratified later.
Supporting sources
…however, the trust company, pursuant to the requirements of § 100-c (9), had notified by mail each person of full age and sound mind whose name and address were then known to it and who was "entitled to share in the income therefrom. . . [or] . . . who would be entitled to share in the principal if the event upon which…