When is a testator's capacity evaluated regarding the execution of a will?

A testator's capacity to execute a will is evaluated at the time the will is executed. At this moment, the testator must demonstrate sufficient mental capacity, which typically includes understanding the nature and extent of their property, recognizing the natural objects of their bounty (i.e., knowing who their heirs are), and comprehending the effects of the testamentary act—that is, understanding that they are making a will and what that entails.

This principle ensures that the testator's intentions and state of mind are appropriately evaluated at the specific time they chose to create the will. If challenges arise later, such as a contestation of the will after the testator's death, it's important to establish the testator's capacity based on their mental state when the will was executed, rather than at a later time when circumstances may have changed.

In this context, other options don't align with the legal standard for capacity. Evaluating capacity at any time during a person's lifetime overlooks the specific requirement that capacity exists at the time of execution. Considering only the time of death fails to account for the testator's mental state when the will was made. Lastly, evaluating capacity only when the will is contested would be reactive rather than proactive, which does not align with the principle