Mental capacity continues to be a major issue for practitioners and Lesley King examines
the issue in the light of some of the recent cases
(taken from Issue No 21 – October 2002
The test of testamentary capacity is relatively easy to state but far from easy to apply. The number of very elderly people with substantial assets increases all the time and inevitably disappointed beneficiaries seek grounds on which to challenge the wills. Lack of testamentary capacity is a common choice. It will normally be linked with allegations of lack of knowledge and approval and often of undue influence too. However, in the interests of brevity this article is confined to the question of testamentary capacity.
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The Trust Quarterly Review is published in partnership with STEP, it discusses matters of interest to trustees and executors with a focus on the particular interests of trust corporations in mind
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