What constitutes the "testamentary capacity"?

Testamentary capacity refers specifically to the mental ability of an individual to comprehend the nature and significance of creating or modifying a will. This means that the person must be able to understand the implications of what a will does, including how their assets will be distributed upon their death and who will be receiving those assets. In essence, testamentary capacity ensures that the testator (the person making the will) has the necessary mental competency to make informed decisions regarding their estate.

The ability to create legal documents is broader and encompasses various legal instruments beyond just wills. The age requirement for executing a will is a separate legal standard that addresses the minimum age one must be to validly execute a will, which is typically 18 years in most jurisdictions, including Delaware. The requirement for witnesses is related to the formalities involved in the execution of a will but does not pertain to the mental capacity of the testator. Therefore, the focus on understanding the mental ability to make or alter a will is what makes the definition of testamentary capacity essential in the context of will validity.