Muskogee Lawyer BlogWhat Does It Mean to Have Testamentary Capacity?

Testamentary Capacity Refers to the Ability of a Person to Make a Valid Will

Video Transcribed: What does it mean to have testamentary capacity? I am Muskogee Attorney Eric Strocen. In a previous video, I discussed the requirements for a valid will. One of those requirements was to have testamentary capacity, meaning that you are of a sound mind. That needs a little bit of unpacking if it’s really to be understood.

attorney in MuskogeeThe first thing is the person needs to understand that what they’re doing is making a will. After that, we need to know that that individual knows that a will can dispose of their property at death. They have to understand that.

Then they must know the objects of their bounty. In short, they just need to know who their family members are, and they need to know the nature and extent of their property, kind of generally.

The last thing on that topic is all of those things have to be present in the person at the same time in order to find that they had the testamentary capacity to create a valid will.

I’m Eric Strocen. Again, if you have some Tahlequah estate planning needs or questions about wills, please feel free to reach out at

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