What is legal capacity?

One of the four general requirements for a will to be legally valid is that the person preparing the will must have the legal capacity to create a valid will. Every state defines a certain age such that people over that age have the legal capacity to create a valid will. In most states the age is set at 18, meaning anyone 18 or older has the legal capacity to create a will. However, a few states set the age lower, such as at 16. If someone is below the legal age of a state, there may be an exception in the state law for them if they are married. For example, if your state says you must be 18 or older to have legal capacity, but you are 17 and married, your state may have an exception in its laws that would grant you legal capacity even though you are younger than 18.

The other three general requirements for a will to be legally valid are that the person preparing the will must have testamentary capacity and testamentary intent, and the will must be prepared pursuant to specific formalities.