TERMIUM Plus®

The Government of Canada’s terminology and linguistic data bank.

testamentary capacity [1 record]

Record 1 2013-06-12

English

Subject field(s)
  • PAJLO
  • Property Law (common law)
  • Law of Estates (common law)
DEF

That measure of mental ability which is recognized in law as sufficient for the making of a will. (Black's, 5th ed., 1979 p. 1322)

OBS

The testator is said to have testamentary capacity if he is able to understand the nature of the act and its effects, the extent of the property he is disposing of, to comprehend and appreciate the claims to which he should give effect; if he has such memory and apprehension as to be able to carry in mind and appreciate the nature and extent of his estate and the persons who normally should be the objects of his bounty. ("The Canadian Law Dictionary", 1980, p. 378)

French

Domaine(s)
  • PAJLO
  • Droit des biens et de la propriété (common law)
  • Droit successoral (common law)
OBS

capacité de tester : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).

Spanish

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