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.
Related terms
- BNS § 22 / IPC § 84
- India's statutory insanity defence: nothing is an offence done by a person who, by reason of unsoundness of mind at the time...
- 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
- The capacity to participate meaningfully in criminal proceedings: understanding the nature of the charges, following the evidence, and instructing counsel. In England...
- 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...
Explained in
- Forensic Psychiatry: Insanity Defence and CapacityThe 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 executi...