SU3 CONTINUATION

Question 1

TESTAMENTARY CAPACITY

Answer 1

is the capacity to make a will.

Question 2

REGULATED BY?

Answer 2

is regulated by section 4 of the Wills Act.

Question 3

PRESCRIBED/ MINIMUM AGE OF AN EXECUTION OF A WILL

Answer 3

16 years of age.

Question 4

ANY PERSON UNDER 16?

Answer 4

any person under the age of 16 is incapable of making a will, even under the assistance of a parent or guardian.

Question 5

THIS IS BECAUSE…

Answer 5

-the making of a will is a unilateral act,
-dependent on the forming of one’s own volition.

Question 6

MENTAL CAPABILITIES TEST

Answer 6

did the testator have all his or her wits about him or her (sane)?

Question 7

FACTORS LOOKED INTO

Answer 7

1. general mental and physical condition
2. general intelligence to understand the legal implications of his or her act
3. general conduct