Essential Validity Of The Will Flashcards Preview

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Flashcards in Essential Validity Of The Will Deck (11)
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1
Q

Essential validity matters include

A

1) capacity to test
2) intention to test
3) restraints on testementary freedom

2
Q

Capacity to test

A

A person has no capacity to test until they are 12

3
Q

Boyle v Boyle

A

Where a person suffers from mental illness or psychiatric disorders which removes him from capacity to understand, he cannot test

4
Q

Facility of circumvention

A

Where a person has a weakened mind, some people nah take advantage of this but facility and circumvention can declare a will voidable, frequently happens when a person is very old and very ill

5
Q

Drink and drugs

A

Will can be rendered invalid

6
Q

Undue influence - Ross v Goslins executors

A

A will may be reduced where the testator made it under undue influence, there was no need to establish a weakened mind , there was an abuse of authority/power

7
Q

Disabilities

A

Do not always render a will invalid

8
Q

Intention to test

A

The deceased must have intended the thing in question to be a will, no particular form of words needed to be used however usually best to have solicitor do it for you

9
Q

Appointment if executors

A

Common for one to be nominated but if not nominated then law will provide an executor dative

10
Q

Future date

A

Sometimes a document contains a provision clearly indicating that the party aimed to make a will at a later date however this will not count as a will

11
Q

Restraints on testementary freedom

A

Scots law recognises that a testator is generally entitled to use a will to dispose of his estate wholly unfettered however different limitations include legal rights and formal validity etc