Essential Validity Of The Will

Question 1

Essential validity matters include

Answer 1

1) capacity to test
2) intention to test
3) restraints on testementary freedom

Question 2

Capacity to test

Answer 2

A person has no capacity to test until they are 12

Question 3

Boyle v Boyle

Answer 3

Where a person suffers from mental illness or psychiatric disorders which removes him from capacity to understand, he cannot test

Question 4

Facility of circumvention

Answer 4

Where a person has a weakened mind, some people nah take advantage of this but facility and circumvention can declare a will voidable, frequently happens when a person is very old and very ill

Question 5

Drink and drugs

Answer 5

Will can be rendered invalid

Question 6

Undue influence - Ross v Goslins executors

Answer 6

A will may be reduced where the testator made it under undue influence, there was no need to establish a weakened mind , there was an abuse of authority/power

Question 7

Disabilities

Answer 7

Do not always render a will invalid

Question 8

Intention to test

Answer 8

The deceased must have intended the thing in question to be a will, no particular form of words needed to be used however usually best to have solicitor do it for you

Question 9

Appointment if executors

Answer 9

Common for one to be nominated but if not nominated then law will provide an executor dative

Question 10

Future date

Answer 10

Sometimes a document contains a provision clearly indicating that the party aimed to make a will at a later date however this will not count as a will

Question 11

Restraints on testementary freedom

Answer 11

Scots law recognises that a testator is generally entitled to use a will to dispose of his estate wholly unfettered however different limitations include legal rights and formal validity etc