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TESTAMENTARY CAPACITY

03/03/2009

It is essential that a person making a Will:

  • understands the nature and effect of its act
  • the extent of the property to be disposed
  • is able to comprehend and appreciate the claims to which he ought to give effect and he should have no disorder of mind which would upset those objects

Banks v. Goodfellow (1870) LR 5QB 549