Discuss the capacity to make a Will.

Capacity to make a Will Section 59 of the Indian Succession Act, 1925 provides for the persons capable of making Wills. According to this section, every person of sound mind not being a minor may dispose of his property by Will. Explanation 1: A married woman may dispose by Will of any property which she could alienate by her own act during her life. Explanation 2: Even persons who are deaf or dumb or blind can make Will provided they are able to know what they do by it. Explanation 3: Further a person who is ordinarily insane, may make his Will during the interval in which he is of sound mind. Explanation 4: No person can make a Will while he is in a state of mind arising from intoxication or from illness or from any other cause such that he does not know what he is doing. The testamentary capacity is recognized only in a sound disposing state of mind. Soundness of mind denotes the mental capacity of the testator as to what he is doing, his capability of understanding his extent of his property the person who is the object of his bounty and the persons who are thereby excluded. Testamentary disposition is personal, it cannot be delegated to any other person. A testator cannot confide to another the right to make a Will for him.