One who is of sound mind and not a minor can dispose of his/her property by will.

The person ought to be capable of making his/her will with an understanding of the properties to be dispose of, the person’s whom he/she wants to bequeath and the manner in which it is to be distributed between them.

There are two grounds on which a person may be held lacking capacity to make will i.e.

  1. That his/her mind has never developed sufficiently.
  2. That his/her mind is impaired, temporarily or permanently.