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The term incapacity is subject to different meanings. In probate law, testamentary incapacity refers to a lack of the ability to understand one's actions in making a will and knowing who the people are who stand to inherit. The test for the necessity of a conservatorship is if the person is, by reason of advanced age, physical incapacity or mental weakness, incapable of managing his own estate. Contractual capacity is lack of the ability to understand that a contract is being made and the general nature of the contract.
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