Essential Validity Of The Will Flashcards Preview

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

Essential validity matters include

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

2

Capacity to test

A person has no capacity to test until they are 12

3

Boyle v Boyle

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

4

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

5

Drink and drugs

Will can be rendered invalid

6

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

7

Disabilities

Do not always render a will invalid

8

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

9

Appointment if executors

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

10

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

11

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