Will

It was settled law that testamentary capacity required a testatrix to be able to remember the claims which potential beneficiaries had on the estate, so as to achieve a rational and just testament. Further, testamentary capacity had to be established as at the time of the will. The test of capacity was issue-specific and was to be considered in relation to the particular transaction and its nature and complexity. It was not necessary that the testatrix should be able to understand the legal terminology which gave effect to her wishes. Once a court was satisfied that the testatrix had the capacity to understand what she had been doing, it was readily accepted that she had understood. Nevertheless, in some cases it was necessary to prove knowledge and approval. That was so where the testatrix was mentally or physically frail, or where beneficiaries had been part of the process of drawing up the will. In such cases, the judge had to consider whether the suspicion had been dispelled. NLJ