will validity and will amendment

Question 1

age to make a valid will

Answer 1

18, unless in military service

Question 3

testamentary freedom

Answer 3

testator can leave their property to whomever they choose

Question 4

four requirements to make a valid will

Answer 4

1. aged 18 (unless military)
2. have testamentary capacity
3. have knowledge & approval
4. formal reqs s9 WA 1837

Question 5

Banks v Goodfellow is the test for what?

Answer 5

testamentary capacity

Question 6

Banks v Goodfellow requirements

Answer 6

testator must:
* Understand the nature of the act and its effects;
* Appreciate the extent of the property of which they are disposing;
* Understand and appreciate the moral claims to which they ought to give effect; and have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of property by will.

Question 7

moral claims in Banks v Goodfellow

Answer 7

it was thought most testators would make provision for those “nearest to them in kindred and who in life have been the objects of their affection”

but there is no requirement for the testator to leave those people anything

Question 8

can someone suffering from insane delusion have testamentary capacity?

Answer 8

only if the delusion is unconnected with and has no effect on the terms of the will

Question 9

exception in Parker v Felgate

Answer 9

provides an exception to the rule that testator must have testamentary capacity at time of will execution

Question 10

three requirements in Parker v Felgate

Answer 10

testator lacking testamentary capacity at execution can still make a valid will provided they:

• Had testamentary capacity at the time they gave instructions for the preparation of the will; and
• The will was prepared in accordance with those instructions; and
• At time of execution testator understood they were signing a will for which they had previously given instructions.

Question 11

when might Parker v Felgate apply?

Answer 11

1. testator’s capacity fluctuates (illness)
2. unexpected event occurs between instruction and execution, meaning usual test wouldn’t be satisfied