2023년 3월 24일 금요일

What is testamentary capacity for will under English law?

Testamentary capacity, in the context of English law, refers to the legal requirement that a person must meet certain criteria in order to make a valid will. This means that the person making the will must have the mental capacity to understand the nature and effects of the act of making a will, and the extent of their property and the claims of those who might expect to benefit from it. In order to have testamentary capacity, the person must: Understand the nature of making a will: This means that the person must understand that they are making a legally binding document that will determine the distribution of their property after their death. Know the extent of their property: The person must have a general understanding of the type and value of their property. Understand who the natural objects of their bounty are: This means that the person must be aware of those who might reasonably expect to benefit from their estate, such as their spouse, children, or other close relatives. Not be under any undue influence: The person must not be under any pressure or coercion from others to make a will in a particular way. If a person lacks testamentary capacity, their will may be considered invalid, and the court may distribute their property according to the laws of intestacy.

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