LAWS4236 Lecture Notes - Lecture 4: Testamentary Capacity, Testator, David Wingrove
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Testamentary capacity and intention to make a will. Croucher & vines (4th ed) 6. 1 6. 7c, 6. 11, 6. 21, 6. 24 6. 31 (note 1) Issue that could arise in probate proceedings is when the testator lacks testamentary capacity: testamentary capacity. Any person over the age of 18 years can make a will. Someone who is under 18 but married can make a will. Someone who is under 18 can make a will in contemplation of marriage. ^ if the contemplated marriage does not take place then the will will be ineffective. Banks v goodfellow (1870) lr 5 p & d 549 [cv 6. 5c pp 220-222] Testator had history of mental illness and previously admitted to a lunatic asylum. Subsequently, the testator continued to have delusions about being pursued by a man who had died previousl(cid:455) a(cid:374)d (cid:271)ei(cid:374)g atta(cid:272)ked (cid:271)(cid:455) de(cid:448)ils. Did(cid:374)(cid:859)t p(cid:396)e(cid:448)e(cid:374)t hi(cid:373) f(cid:396)o(cid:373) atte(cid:374)di(cid:374)g routine financial and business affairs. No difficult to find out what money was owed to him by tenants.
