Who is a testator—and what does “testamentary capacity” mean in plain language?
The testator is the person who makes the will. Courts expect that person to understand the nature of the act, the extent of their property, and the claims of people who might expect to benefit.
Capacity is assessed at the moment of execution. Medical conditions do not automatically disqualify someone, but suspicious circumstances or undue influence can invite scrutiny after death.
If capacity might later be questioned, contemporaneous notes from a qualified professional—not rumours—carry the most weight.
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Disclaimer: This page is for general education only and is not legal advice. Rules vary by province and change over time; speak with a qualified lawyer about your own circumstances.
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