Testator and Testamentary Capacity

Commonly Used Estate Planning Words 

There are many words used commonly in estate planning which are not used commonly in everyday language. Two of those terms are testator and testamentary capacity.

Testator:  The testator is the person who signs the will and who designates how the assets will be distributed and who will care for his children, etc.  It is the Testator’s intent which the court considers when trying to settle any disputes or vagueness in the will document.

Testamentary Capacity:  The capacity of the person signing the will is the testamentary capacity. Capacity is a person’s physical ability and mental acuity to understand the contents of the will.  If a person cannot fully appreciate what he is putting in an estate planning document, the will is not valid.

Getting Legal Help

To learn more about estate planning and what you need to do to protect your assets and your loved ones, contact experienced estate planning attorney Elga Goodman. Call us today at 973-841-5111.

 

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