An Examination of the Statutory Laws Governing the Making of Wills: The Proof of Testamentary Capacity

This research examines statutory laws and common law principles governing the making of wills, with a focus on proof of testamentary capacity. Testamentary capacity, the legal and mental ability to make or alter a valid will, is a critical element in ensuring that a will is valid and enforceable. The study delves into historical and contemporary legal frameworks, including England, Wales, Nigeria and comparable legislation in other jurisdictions. It analyses the four-prong test established in Banks v. Goodfellow (1870) as the benchmark for determining testamentary capacity. The research also explores challenges in assessing capacity, particularly in cases involving elderly or vulnerable individuals. The methodology adopted in this study is doctrinal and by examining case law and statutory provisions, this study aims to provide a comprehensive understanding of testamentary capacity and its implications for willmaking. The concept of testamentary capacity is deeply rooted in common law, with the seminal case of Banks v. Goodfellow (1870) providing the foundational test for determining capacity. This test requires that the testator understand the nature of making a will, the extent of their property, the natural objects of their bounty and the disposition of their assets. In Nigeria, the legal age to make a will varies by state, with some states allowing individuals as young as 18 to create a will. Similarly, in the United States, most states require testators to be at least 18 years old and to understand the nature of their property and the disposition made