The full age of testamentary capacity is twenty-one years, but minors over the age of sixteen may dispose by will of half of the estate of which they could dispose had they been of full age.
12.
The main points essential to its validity were that the testator should possess testamentary capacity, and that the will should be signed or acknowledged by the testator in the presence of seven witnesses, or published orally in open court.
13.
Even when a testator are found to have lacked testamentary capacity due to senility, infirmity or insanity, courts will sometimes rule that the testator had a " temporary period of lucidity " or a " lucid moment " at the time of the execution of the testamentary instrument.
14.
Testamentary capacity is generally governed by the law of the testator's domicile at the time of his death, the form of the instrument in most countries either by the law of his domicile or the law of the place where the will was made, at his option.
15.
In both states any such will is void one year after that member's discharge from service unless the testator & does not then possess testamentary capacity under Maryland law ( Md . Estates and Trusts Code Ann . ?4-103 ( b ) ( 2013 ) ) and for one year after the testator regains testamentary capacity under New York law ( NY Est Pow & Trusts L ?3-2.2 ( d ) ( 2012 ) ).
