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Difference between revisions of "Making and Executing a Will (16:III)"
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Making and Executing a Will (16:III) (view source)
Revision as of 22:27, 17 August 2022
, 22:27, 17 August 2022→a) Generally
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* Be able to comprehend and appreciate the claims to which they ought to give effect; and | * Be able to comprehend and appreciate the claims to which they ought to give effect; and | ||
* Form an orderly desire as to the disposition of the property. | * Form an orderly desire as to the disposition of the property. | ||
In ''Nassim'', the courts also outline a more “modern” form of the ''Goodfellow'' test that was quoted in ''Laszlo v Lawton'', 2013 BCSC 305 at para. 188 ''[Laszlo],'' "The testator must be sufficiently clear in his understandings and memory to know, on his own, and in a general way (1) the nature and extent of his property, (2) the persons who are the natural object of his bounty and (3) the testamentary provisions he is making; and he must moreover, be capable of (4) appreciating these factors in relation to each other, and (5) forming an orderly desire as to the disposition of his property…" | |||
''Laszlo'' at para 189. sets out the relevant time for assessing capacity: when the will-maker gave instructions and when the will maker-executed the will. | |||
==== b) Presumption of Requisite Capacity ==== | ==== b) Presumption of Requisite Capacity ==== | ||