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a last will is the most commonly used document for a person to transfer assets upon the persons death the person creating the well is called the testator or grantor and the person receiving under the will is called the beneficiary states may have different requirements for a will to be valid but generally a will is valid if the well is executed by a person with the required or testamentary capacity in writing signed by two witnesses in the presence of the testator or at the testators direction what is testamentary capacity a testator is deemed competent if he or she is at least 18 years old and of sound mind competency is measured at the time that the testator signs the will subsequent incompetence cannot invalidate a well usually the soundness of mind is present when the testator understands or has the ability to know the nature of the property to be transferred under the will the nature of the persons who will receive under the well and the plan of the attempted disposition revoca
