| 释义 |
testamentary capacity
The ability to make a legally valid will. Persons under 18 years (apart from members of the armed forces on active service—see privileged will) and adults who cannot satisfy the test in Banks v Goodfellow (1870) 5 QB 549 do not have testamentary capacity. According to the Banks test, the testator must, at the time he makes his will, understand the nature of the document, the property of which he is disposing, and the persons who have a natural claim to provision from his estate, as well as being free from a mental condition that would bring about a disposal that he would not have made if of sound mind. See also undue influence. |