Court Reporter Practice Exam

What is meant by testamentary capability?

1. Ability to predict the future

2. Soundness of mind to execute a will

3. Competence to deliver a testimony

4. Understanding of legal obligations

The correct answer is: Soundness of mind to execute a will

Testamentary capability refers specifically to the soundness of mind required for an individual to execute a will. This legal concept determines whether a person has the mental capacity necessary to understand the nature of making a will, the extent of their property, and the identity of those who will benefit from it. In order to be considered of sound mind, a testator must be able to comprehend the significance of their actions and the implications of their decisions regarding the distribution of their assets upon death. This ensures that individuals can make informed choices about their estate and express their wishes clearly through their will. In contrast to this concept, other options such as predicting the future or delivering testimony do not relate to the requirements for creating a valid will. Similarly, understanding legal obligations, while it can be relevant in broader legal contexts, does not directly pertain to the specific qualifications needed to establish testamentary capability when executing a will. Hence, the focus on mental soundness in option B is what defines testamentary capability accurately.