The meaning of testamentary capacity

It is essential to the exercise of such a power that a testator shall understand the nature of the act and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought to give effect; and, with a view to the latter object, that no disorder of the mind shall poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties – that no insane delusion shall influence his will in disposing of his property and bring about a disposal of it which, if the mind had been sound, would not have been made: Banks v Goodfellow (1870) LR 5 QB 549 at 565.


Contact Us



Feel free to contact us using the form below and we will get back to you as soon as possible.

 
Your Name: (Required)
*

 
Company (do not type anything into this field):
State where the deceased died: (Required)
*

 
Your Telephone: (Required)
*

Subject (do not type anything into this field):
 
Your Email: (Required)
*

 
How can we help?
Please Note: We will obtain more information from you by telephone.

×