Testamentary Capacity

Testamentary capacity is a legal term that refers to a person’s ability to be of sound mind in reference to altering or creating a will. Testamentary capacity can be an important part of contested will cases. In Texas, incapacity of the testator is the most common reason to challenge a will. It is essential that the person making decisions about their will be mentally able to make such important decisions.

Requirements of Testamentary Capacity

In general, the requirements of testamentary capacity are fairly simple. In most areas, the testator must be a legal adult to be considered capable of creating a will, although there are some areas where minors who are married may be exempt from this requirement. Other requirements are as follows:

  • The testator must understand what their own property is, as well as its value
  • The testator must know who his or her beneficiaries are
  • The testator must comprehend the decisions he or she makes for the will
  • The testator must be aware of how all these aspects combine to provide directions for the distribution of their property

When a will is challenged in probate court, the person who is contesting the will has the obligation of proving that the testator was not capable of making important decisions at the time they created or altered their will. Those who contest wills on this basis usually cite reasons such as dementia, insanity, senility, or the effect of substances that incapacitated the testator.

Contact Us

Whether you are involved in a contested will case and need legal advice or you wish to ensure that your will or trust won’t face a similar challenge in court, the Houston contested will lawyers of Garg & Associates, P.C., can help. Call 800-242-2151 to speak with one of our qualified attorneys today.

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Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.