Conflict of Succession Laws - Testamentary Capacity

Testamentary Capacity

Laws differ in their treatment of the ability of youths to own property and to dispose of that property by a will. It is now generally agreed that it is not rational to set the age at which full capacity is achieved. Hence, if one is old enough to get married, he should be old enough to provide for spouse and children. Many states also permit writing a will by a mouth or a foot, or by a tool that enables the disabled to write down a testamentary intent.

It is still being debated whether videotape, digital, and electronic wills should be admissible to probate. Testators may not have the physical ability to write, for example, because they are hospitalised and close to death, but there is concern that digital and electronic forms may be manipulated and altered. Hence, unless there is adequate evidence to exclude forgery, the courts are reluctant to admit such wills to probate.