What degree of testamentary capacity is required under Virginia law to make a will?

You must understand that showing someone lacked testamentary capacity to make a will under Virginia law is exceedingly difficult.  A person making this claim must show, by strong evidence, that the person making the will did not have mind enough to understand the nature of the business in which he is engaged, to recollect the property being disposed of, the objects of his bounty, or the manner in which he wishes to distribute his property. 

It is not enough to show that the person did not have the same quality of mind that he previously had, that the mind is debilitated, or that the testator is eccentric.  Just because someone lacks the mental strength and qualities to transact business affairs does not mean they cannot make a will.

Kevin W. Mottley
Kevin W. Mottley, Richmond, VA trial lawyer dedicated to handling brain and other serious injury claims