What does "capacity" refer to in the context of wills?

In the context of wills, "capacity" specifically pertains to an individual's mental ability to understand the nature and implications of making a will. This encompasses the individual's comprehension of the assets they possess, the identity of the beneficiaries, and the overall effects of the testamentary document they are creating. A testator must have sufficient capacity to ensure that their wishes are reflected accurately and to uphold the validity of the will. This understanding is crucial because if a person lacks the requisite mental capacity at the time of drafting or signing the will, it may lead to challenges regarding the will's validity, allowing it to be contested in court.

Other aspects, such as an individual's financial resources or the legal status of property, while relevant to the broader context of estate planning, do not define "capacity" in this legal sense. Similarly, the amount of assets in an estate is a factor that comes into play after a will is executed, but it does not pertain to the mental ability required to create that will. Thus, focusing on an individual's ability to understand and make informed decisions regarding their will is fundamental to the concept of capacity.