An estate litigation attorney will be able to give you specific advise where you are concerned about capacity issues. However generally, one of the basic requirements of testamentary capacity is whether the testator was mentally competent to draft the will at the time the will was executed. First the person must be at least 18 years of age to draft a will in the state of California. Probate Code section 6100. Additionally, the person must be of sound mind? However, your interpretation of a "sound mine" may or may not be different from what California considers a sound mind to be. For more information on Capacity stay tuned to tomorrow's blog.