Testamentary Capacity
Definition
The legal capacity to make a valid will. In England and Wales: the Banks v. Goodfellow (1870) test. In India: Indian Succession Act 1925 (sound mind at execution), interpreted through Banks v. Goodfellow. In the US: state-specific four-part test with similar elements. Assessment is specific to the time of execution of the will, not to the general mental health trajectory.
- Legal concept
- Capacity to make a valid will
- Foundational case
- Banks v. Goodfellow (1870)
- India
- Indian Succession Act 1925, sound mind at execution
- Assessment timing
- At the moment of execution, not overall history
Common questions
How does testamentary capacity differ from general mental capacity?+
It is a narrower, task-specific standard requiring the person to understand the nature of making a will, the extent of their property, and the claims of those who might expect to benefit, rather than a broad assessment of overall cognitive function.
Can someone with a diagnosed mental illness still have testamentary capacity?+
Yes, a diagnosis alone does not defeat capacity, since courts look at whether the specific elements of the test were met at the moment of signing, and a person can have lucid intervals even during an ongoing illness.
Related terms
- BNS § 22 / IPC § 84
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- Durham Rule (1954)
- The insanity-defence standard from Durham v. United States (1954) 214 F.2d 862 (DC Circuit): an accused is not responsible if the unlawful...
- Fitness to Stand Trial
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- Mental Capacity Act 2005 (England and Wales)
- Statute governing capacity for consent to treatment and other decisions (not testamentary capacity). Requires a person to understand, retain, weigh, and communicate...
- M'Naghten Rules (1843)
- The insanity-defence standard from (1843) 8 Eng Rep 718, formulated by the House of Lords in response to the acquittal of Daniel...
- MPC Substantial-Capacity Test
- The insanity-defence standard from the Model Penal Code (ALI, 1962) § 4.01: not responsible if, as a result of mental disease or...
- Selvi V. State of Karnataka (2010)
- Constitutional bench judgment (2010) 7 SCC 263 holding that compelled narco-analysis, polygraph testing, and brain-mapping violate Article 20(3) and Article 21 of...