Which statement best describes testamentary capacity?

• A. The proponent must prove the testator had testamentary capacity, defined as being at least 18 years old, of sound mind and memory, who understood the nature and consequences of the will, and knew the property and natural objects of bounty.
• B. The testator's capacity must be proven by medical testimony only.
• C. The testator must have signed in the presence of a notary.
• D. Capacity is presumed and requires no proof.

Answer: (A)

Testamentary capacity means the testator must understand what a will does, have a grasp of the extent of their property, and know who would be the natural objects of their bounty, all while being at least 18 and mentally capable enough to comprehend these things at the time of making the will. The statement that best describes this captures all those elements: age, sound mind, understanding of the nature and consequences of the will, and awareness of the property and its beneficiaries. This reflects how capacity is evaluated in practice: the testator doesn’t need perfect mental health or legal knowledge, but they must understand the act they are undertaking and the basic facts about the estate and its usual beneficiaries.

Medical testimony alone isn’t required and isn’t the sole basis for proving capacity; capacity is a factual determination that can be supported by various kinds of evidence about the testator’s understanding at the time. Requiring signing in the presence of a notary is a requirement of formality, not capacity. And while there is a presumption of capacity in some contexts, it does not mean no proof is ever needed—proof can be challenged and overcome with evidence showing lack of capacity.