Chapter 4 - Testamentary Capacity Flashcards
The purpose of this learning unit is to enable you to: distinguish between testamentary capacity and contractual capacity defi ne testamentary capacity as defi ned in the Wills Act distinguish between testamentary capacity, freedom of testation, volition and animus testandi identify whether a testator had testamentary capacity when he or she executed a will
1
Q
What is testamentary capacity?
A
it is the capacity to make a will. Every person aged 16 years or more may make a will unless, at the time of making the will, he or she is mentally incapable of appreciating the nature and effect of the act.
2
Q
Prescribed age to execute a will
A
16 years and older
3
Q
Prescribed age to witness a will
A
Older than 14 years
