Compos mentis
of sound mind
Compos mentis is a Latin term denoting that a person is of sound mind and possesses the legal capacity to perform acts with binding legal effect.
Compos mentis refers to an individual’s mental capacity to perform legal acts independently and with sufficient understanding, such as entering into contracts or making a will. The term is used chiefly in contract law and the law of succession to determine whether a person possessed the requisite capacity at a given time.
In practice, the term arises in disputes concerning the validity of legal acts. A party may, for example, contend that the counterparty was not compos mentis, rendering the agreement or will potentially void or voidable. A notary or medical expert may then be instructed to assess the mental state in question.
“The notary refused to execute the will because he doubted whether the testator remained compos mentis.”
Need legal advice?
Schedule a free consultation with one of our specialists