Grounds for invalidating a will sex dating in centerville tennessee
One of the grounds for challenging the validity of a will is that the person who made the will (“the testator”) did not have the relevant mental capacity to understand his actions.Testamentary Capacity A person making a will must be of “sound mind, memory and understanding” when making a will.
Implications Where a will is successfully disputed and the court confirms the will is invalid, if there is not an earlier valid will, then the testator’s estate will be distributed according to the intestacy rules.
If, however, having seen the testator’s medical records and spoken to close family members, it is established that the testator has a history of mental illness/confusion or memory loss, it will be for those persons seeking to rely on the document to establish capacity (see Vaughan v Vaughan ).
For example, if an executor named in such a will is insistent that the will is valid, it will be for the executor to prove that the testator had the necessary testamentary capacity.
The law relating to whether a person has sufficient mental capacity to understand the content of his will was established in the case of Banks v Goodfellow [1869-70] which stated that the testator must: understand the nature of the act and its effects understand the extent of the property of which he/she is disposing be able to comprehend and appreciate the claims to which he/she ought to give effect and must not be effected by any “disorder of the mind” that shall “poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties and that no insane delusion shall influence his will in disposing of this property and bring about a disposal of it which, if the mind had been sound, would not be made”.
The factors referred to in Banks v Goodfellow are considered in more detail below.