Essential Validity Of The Will Flashcards Preview

Trusts Ans Successions > Essential Validity Of The Will > Flashcards

Flashcards in Essential Validity Of The Will Deck (11):

Essential validity matters include

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


Capacity to test

A person has no capacity to test until they are 12


Boyle v Boyle

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


Facility of circumvention

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


Drink and drugs

Will can be rendered invalid


Undue influence - Ross v Goslins executors

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



Do not always render a will invalid


Intention to test

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


Appointment if executors

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


Future date

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


Restraints on testementary freedom

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