Also known as: sound mind · disposing mind · testamentary capacity
Written by attorneys · grounded in primary & secondary sources — see below
Mental capacity sufficient for a person to execute a valid will. The capacity requires the ability to understand the nature and extent of one's property, the natural objects of one's bounty, and the disposition being made of that property, together with the ability to relate these elements and form an orderly desire regarding the disposition.
Sean Steele, age twenty-two, drafted a will leaving his farm equipment to his sister and the remainder of his estate to a local charity. He understood the value of his property and identified his sister as a natural object of his bounty. Because Sean was of sound and disposing mind when he signed the document, the will is valid under the applicable statute.
Sydney Santos, recovering from a stroke, had previously executed a will directing distribution of her estate to her children. Her parents sought to enforce the document, but the court required clear evidence that she possessed sound and disposing mind at the time of execution. Without that showing, the will could not control distribution of her assets.
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Solomon Silver's estate included assets in multiple states. His heirs contested the will on capacity grounds, arguing he lacked sound and disposing mind due to advanced dementia. The probate court examined evidence of his understanding of his property and family at execution before validating the document.
Scott Summers executed a will shortly before a fatal incident. The prosecution in related proceedings relied on a jury instruction presuming that a person of sound and disposing mind intends the natural consequences of his acts when signing dispositive documents. The instruction was challenged as shifting the burden on the element of intent.
Sofia Stern, terminally ill, executed a will directing her estate under a state statute. Opponents argued that only persons of sound and disposing mind could make such a decision. The court examined whether the statute adequately protected against decisions made without full capacity at execution.
Sierra Santos retained an attorney to draft her will. The attorney failed to include language protecting the estate from later attacks. After Sierra's death, heirs challenged the will on capacity grounds, claiming she lacked sound and disposing mind. The court considered whether the attorney's drafting error contributed to the successful challenge.
The testator must understand the nature and extent of property, the natural objects of bounty, and the disposition being made. The testator must also relate these elements and form an orderly desire about the disposition of the property.
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No. A minor lacks capacity to make a will regardless of mental condition. The rule is categorical and voids any purported will made by a person under the statutory age, typically eighteen.
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Memory lapses do not automatically defeat capacity. The test focuses on whether the testator understood the required elements at the time of execution. Consistent evidence of confusion over a period surrounding execution can support a finding of incapacity.
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An interested witness who is otherwise competent may witness a will without invalidating it or any provision in it. The witness's interest may be relevant to credibility but does not impair the will's validity when the testator had sound and disposing mind.
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…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…