Ace the Ontario Estates Law Challenge 2025 – Unleash Your Legal Legacy!

The statement regarding capacity when making a will that is true is that a testator should have a clear understanding of their assets and beneficiaries. This understanding is vital to ensure that the testator knows what they own and who they wish to benefit from their will. A testator who comprehends their assets is better positioned to make rational decisions about how to distribute their estate, which is a fundamental aspect of testamentary capacity.

While it is beneficial for a testator to have a legal advisor present, it is not a requirement for making a will, and having prior experience in creating wills is not necessary either. Additionally, there is no age requirement of at least 30 years to have capacity; rather, the key consideration is the testator's mental capacity at the time of making the will. Therefore, the necessity for a clear understanding of their assets and how they want to distribute them is the critical factor in determining a testator's capacity when executing a will.