Lack of Capacity for a Will/Trust in Arizona
In order to execute a will, the person signing it, known as the testator, must have the required level of capacity for the will to be declared valid. The threshold for a valid will is low, but each of the three elements for capacity is necessary as it will fail if even one element is not present.
Significance of ActFor a will to be valid, the testator must understand what they are signing and why. If a testator does not comprehend the significance of their act, they do not have the minimum amount of understanding necessary for the act to be valid.
Objects of BountyTo execute a valid will, the testator must understand who is in their family. While the testator does not need to know their whole family tree, they do need to have a sufficient understanding of their closest family members who would generally be entitled to their estate if they died without a will.
Composition of EstateA testator does not need to know their net worth to the penny. They do need to know the general composition of their estate, whether they are a prince or a pauper.