No Ill Will: What is Testamentary Capacity?

• Posting by James Noble
• 1249 Views
• Brisbane Family Lawyer    Law    Wills and Estates

For a will to be valid and binding in Australia, the testator (the person making the Will) must have testamentary capacity at the time the Will was created. Testamentary capacity occurs when the testator is of sound mind and must understand:  The nature and effect of the Will; What encompasses…