The tests for testamentary capacity1
What the testator must be capable of understanding
• The nature and effect of making a will
• The extent of his or her estate
• The claims of those who might expect to benefit from the testator’s will (both those being included in, and being excluded from, the will)
What the testator should not have
• A mental illness that influences the testator to make bequests (dispositions) in the will that he or she would not otherwise have included