Which statement is true concerning the capacity of a testator when making a will?

Study for the Ontario Estates Law Exam. Prepare with expertly crafted questions and detailed explanations. Enhance your understanding of estates law and boost your confidence before the exam.

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.

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