Testamentary capacity is the legal and mental ability of a person making a will (the testator) to make a legally binding disposition of their assets and to understand the nature and effect of the act of making a will—including disposing of their assets at death.

Proof of testamentary capacity is a required element of a will being admitted to probate and recognized by the court as having legal effect.

Adults are generally presumed to have the legal capacity to make a will, but minors (persons under a certain age) are not—with some exceptions in some states, such as if the minor has served in the military or has been married.

Persons who suffer from dementia, Alzheimer’s disease, or insanity, for example, may lack testamentary capacity to make a will.

In legal jargon, the historical terms of art for testamentary capacity were that the testator was “of sound mind and memory” or “of sound mind and disposing memory,” and this terminology is sometimes recited in a will as a statement of the testator regarding the testator’s mental capacity when making the will.

Laws vary from state to state and the requirements related to testamentary capacity are often located in a state’s statutes—usually in the estates code or probate code—and interpreted and applied by the courts in specific factual circumstances or cases that are reported in court opinions involving will contests, for example.

In North Carolina, testamentary capacity is the legal and mental ability of an individual (the testator) to create a valid will. This includes the ability to understand the nature of the act, the extent of their property, and the disposition of their assets upon death. North Carolina law presumes that adults have the capacity to make a will, but minors typically do not, unless they meet certain exceptions such as being married or serving in the military. Individuals with mental impairments, such as dementia or Alzheimer's disease, may lack the requisite capacity to execute a will. The historical standard for testamentary capacity in North Carolina is that the testator must be 'of sound mind and memory.' This concept is often affirmed in the language of the will itself. The specific requirements for testamentary capacity in North Carolina are found in the state's General Statutes, particularly in the sections dealing with wills and estates, and are further clarified through case law where wills are contested on the grounds of the testator's mental capacity.