Which of the following is necessary for a testator to have the capacity to make a will?

The correct answer highlights two critical elements for a testator's capacity to create a valid will: being of sound mind and reaching the minimum age requirement.

To have the capacity to make a will, a testator must be of legal age, which is typically set at 18 years in most jurisdictions. This means that individuals who are 18 or older can make a will as long as they have the mental capacity to understand the nature and consequences of their actions. The requirement of being of "sound mind" ensures that the testator possesses the mental ability to make rational decisions regarding the distribution of their property upon death, understand the extent of their assets, and comprehend who is receiving those assets.

While some jurisdictions may have specific age requirements that differ, 18 is generally recognized as the threshold for legal capacity in making a will. The requirement of being a resident of the state is not universally necessary, as valid wills can often be created by non-residents, provided they comply with the laws of the state where the will is executed. Additionally, criminal convictions do not affect one's capacity to make a will unless they are directly related to mental incompetency.

In summary, the focus on being 18 years old and of sound mind encapsulates the essential legal