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Music Laughter in the common-law tradition testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will this concept has also been called sound mind and memory or disposing mind and memory adults are presumed to have the ability to make a will litigation about testamentary capacity typically revolves around charges that the testator by virtue of senility dementia insanity or other on soundness of mind lack the mental capacity to make a will in essence the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of his or her conduct when he or she executed the will certain people such as minors are usually deemed to be conclusively incapable of making a will by the common law however minors who serve in the military are conceded the right to make a will by statute in many jurisdictions in South Africa however one acquires testamentary capacity at

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