What is one of the tests for capacity required to make a will?

To have the capacity to make a will, an individual must understand the nature and value of their property. This capacity encompasses a person's ability to comprehend the significant aspects of their estate and the implications of distributing that property through a will. This understanding ensures that the individual is aware of what they own and how they wish to allocate it among their chosen beneficiaries.

Recognizing the nature and value of one's property is fundamental in confirming that the testator (the person making the will) has the requisite mental ability to make decisions about their estate. It reflects a level of awareness that contributes to the will's validity, as the testator's intentions need to be clear and informed.

While age is a critical factor in determining capacity, it is just one aspect of a broader evaluation. The ability to recite the will's provisions from memory is not a requirement for capacity, as the testator may not need to remember every detail. Additionally, possessing a university degree is not relevant to capacity; what matters is the individual’s understanding and mental state at the time the will is executed. Thus, comprehending the nature and value of the property involved is vital to ensuring the testator's decisions are made with a full appreciation of their estate.