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3 Cards in this Set
- Front
- Back
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Banks v Goodfellow |
Banks v Goodfellow T must be able to understand: Mind- nature of making a Will and its effect - Memory - extent of assets - Understanding- aware of moral claims |
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Battan Singh v Amirchand |
T was very ill and left his property to certain creditors stating that he had no living relatives where in fact he had 3 nephews who he was very fond, court ruled he did not have capacity as he had forgotten his moral claimsR |
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Golden Rule |
Re Simpson - making of a Will by a seriously ill T oughted to be witnessed and approved by a medical practitioner who has satisfied himself of the capacity and understanding of T
Test of capacity is generally applied at the time of execution of the Will.It can be when instructions are given if a solicitor is involved. |
