What Courts Look For
Arizona courts check whether the testator understood four things when signing:
- The nature and extent of their property
- The people who would typically inherit
- That they were making a will
- How these elements relate to their chosen distribution
Common Misconceptions
Testamentary capacity does not require perfect memory or flawless judgment. A person with mild cognitive decline may still have capacity. The key is understanding the basic elements at the time of signing.
The standard is judged at the specific moment the will is signed. A person with good days and bad days may have capacity during a lucid interval.
When capacity is challenged after death, the burden usually falls on the challenger. This is why professionals recommend planning while you are clearly capable. It makes a successful challenge much harder.