Ontario Barrister and Solicitor Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Testamentary capacity refers specifically to the legal ability of a person to create a valid will. This capacity ensures that the testator (the person making the will) possesses the necessary mental acuity and understanding to comprehend the nature of their actions and the consequences of making a will. To demonstrate testamentary capacity, an individual must generally understand the extent of their assets, know who the beneficiaries are, and be aware of what a will is intended to accomplish.

This is foundational in estate law because a will can only be considered valid if the testator had the mental capacity to make it at the time of its creation. If a person is found to lack testamentary capacity, the will may be challenged and deemed invalid, which could lead to the decedent’s estate being distributed according to intestacy laws instead.

Other options do not accurately represent the definition of testamentary capacity. Contesting a will involves challenging its validity after it has been made, updating a will is a separate legal process requiring different considerations, and witness requirements pertain to the formalities involved in executing a will but do not define the individual’s mental capacity to create one.