.webp)
.png)
Introduction: Understanding “Testamentary Capacity”
Recently, we’ve spent a bit of time and energy discussing the concept of testamentary capacity under Maryland law. As we have discussed, testamentary capacity is akin to capacity under basic contract law: to execute a valid last will and testament, the testator has to possess the mental ability to fully comprehend the terms of the will. Furthermore, the testator must possess this mental ability at the exact moment that the will is being signed. In other words, testamentary capacity cannot occur simply because the testator possessed the requisite mental ability at some point in the past prior to the signing of the will; timing is critical, and so this mental ability must also coexist with the time the will is actually signed.
We have seen some of the nuances of how testamentary capacity is interpreted by examining certain scenarios in Maryland case law. What about statutory guidelines? In this post, we will provide a basic discussion of the “Core Maryland Capacity Test,” a statutory framework which gives useful guidelines for understanding how testamentary capacity is defined and interpreted under present Maryland law.
An Overview of the Maryland Capacity Test
Maryland’s testamentary capacity test – or, more accurately, its statutorily defined capacity framework – is based on four main points. To have testamentary capacity, a testator must be of “sound mind” at the time the will is executed, and sound mind is seen through four distinct things: (1) they must have basic comprehension of what is occurring, meaning that they fully understand they are creating and executing a last will and testament which will transfer ownership of property to beneficiaries, among other things, (2) they must know what property is at stake, which means that they have a clear understanding of the quality, type and character of the assets they own, (3) they must be able to clearly identify beneficiaries, not just by name but also how those beneficiaries relate to them, and (4) they must be able to fully understand how assets will be distributed, so they have a clear understanding of which beneficiaries will receive which assets.
Subtleties of the Test
These four pillars of the Maryland capacity test are relatively straightforward and simple to comprehend, but there are a few subtleties which should be pointed out which can assist readers in better seeing the contours of these pillars. The first thing to know is that, on the whole, the capacity test in Maryland has a relatively low baseline, which means that testators do not have to necessarily demonstrate exceptional mental ability in general, or be able to perform other specific mental feats. Another key point to know is that the capacity test only requires the mental ability at the time the document is signed. This is referred to commonly as the “moment of signing” rule: as long as the testator demonstrates the requisite ability at the time of signing, the testator will be said to have testamentary capacity. There need not be the same mental ability before or after the signing, which literally means that the testator could have a fleeting “moment of capacity” and still satisfy the test. Again, the hurdle in this respect is relatively low.
Another thing to know is the fact that there is a presumption of sanity built into Maryland law, and so a signed and fully executed last will and testament will carry a presumption that the testator was of sound mind. The party challenging the capacity needs to demonstrate this allegation with evidence. Another point to know is that, under current Maryland law, trusts are treated the same as wills for purposes of establishing testamentary capacity. So, if a person creates a trust, and that trust is shown to be valid, then this stands as evidence that the same person also had capacity to execute a will.
Contact the Murphy Law Firm for Additional Information
Readers who want to learn more about the concept of testamentary capacity in Maryland, the Core Maryland Capacity Test, drafting a will, the formal requirements for attesting a will, or any other pertinent estate planning matter, contact one of the estate planning attorneys at the Murphy Law Firm today by calling 240-219-1187.
.png)
.png)
