Difference between revisions of "Making and Executing a Will (16:III)"
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==== a) Generally ==== | ==== a) Generally ==== | ||
The will-maker must have the requisite testamentary capacity. No person of unsound mind, who lacks testamentary capacity, is capable of making a valid will. Testamentary capacity is defined through the common law, not statute. The basic test is found in ''Banks v Goodfellow'', (1870) LR 5 B 549 (QB) at para 569; for a recent application of this test, see '' | The will-maker must have the requisite testamentary capacity. No person of unsound mind, who lacks testamentary capacity, is capable of making a valid will. Testamentary capacity is defined through the common law, not statute. The basic test is found in ''Banks v Goodfellow'', (1870) LR 5 B 549 (QB) at para 569 [''Goodfellow'']; for a recent application of this test, see ''Nassim v Nassim Estate'', [2022] BCSC 402 at para 41 [''Nassim'']. | ||
According to the ''Goodfellow'' case and subsequent decisions, to have testamentary capacity a will-maker must: | According to the ''Goodfellow'' case and subsequent decisions, to have testamentary capacity a will-maker must: | ||