Topic 4

Question 1

Mental Capacity

Answer 1

Tregea

Question 2

Intoxication

Answer 2

Thirion

Question 3

Sickness and Disease

Answer 3

Essop

Question 4

Undue Influence

Answer 4

Katz

Question 5

Tregea

Answer 5

• Testator in hospital, drafted a new will in favour of Sister Tregea
• Two nephews contested the Will
• Dismissed, because of presumption that everyone above 16 is capable of appreciating the nature and effect of making a new will

Question 6

Thirion

Answer 6

• A person who is so intoxicated or under the influence of drugs that they are not in posession of their faculties are incapable of making a Will
• Onus - on the person alleging intoxication or influence

Question 7

Essop

Answer 7

• Sickness that causes physical or psychological infirmity can affect mental capacity
• It has an effect on the emotion of the testator causing the testator to act irrationally

Question 8

Katz

Answer 8

Argued that:
* At the time of execution the testator was mentally incapable of making the Will as a result of a stroke + undue influence

• There was sufficient evidence that the testator’s mind was clear enough for him to dispose of his estate
• Formalities were complied with
• No justification of interference by second wife