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Tregea v Godart 1939 AD 16: Testamentary Capacity Quiz
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Tregea v Godart 1939 AD 16: Testamentary Capacity Quiz

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Questions and Answers

What is required for a testator to possess formal testamentary capacity according to Tregea v Godart 1939 AD 16?

  • An understanding of the essence of will making (correct)
  • A healthy body and sound mind
  • Legal representation during the process
  • A valid photo ID
  • A handwritten will
  • In Tregea v Godart, what does 'disposing mind and memory' refer to in relation to testamentary capacity?

  • Understanding the testator's last will and testament (correct)
  • Having a lawyer present during the will making process
  • Creating a video will
  • Being able to remember every detail of the will
  • Having multiple wills
  • According to Tregea v Godart, what must a testator be able to do to demonstrate formal testamentary capacity?

  • Understand the basics of writing a will (correct)
  • Recall the names of all family members
  • Have a medical certificate of mental health
  • Possess a legal degree
  • Recite the legal provisions regarding wills
  • In Tregea v Godart, why is it essential for a testator to have a 'disposing mind and memory'?

    <p>To establish their soundness of mind for making a will</p> Signup and view all the answers

    According to Tregea v Godart, what is crucial for a testator to recollect in order to demonstrate testamentary capacity?

    <p>'The essence of what will making entails'</p> Signup and view all the answers

    What is the significance of a 'disposing mind and memory' in the context of testamentary capacity according to the court in Tregea v Godart 1939 AD 16?

    <p>A testator must have a clear understanding of what will-making entails and must be able to recollect essential details.</p> Signup and view all the answers

    Why is it crucial for a testator to understand the essence of will-making in order to demonstrate formal testamentary capacity?

    <p>Understanding the essence of will-making ensures that the testator is aware of the implications of their decisions and can make informed choices.</p> Signup and view all the answers

    In what way does the concept of 'disposing mind and memory' ensure the validity of a testator's will?

    <p>By requiring the testator to have a disposing mind and memory, the court ensures that the individual had the mental capacity to make rational decisions.</p> Signup and view all the answers

    What specific cognitive abilities must a testator possess to demonstrate formal testamentary capacity according to Tregea v Godart 1939 AD 16?

    <p>The ability to understand the essence of will-making and the capacity to recollect essential details.</p> Signup and view all the answers

    How does the requirement of 'disposing mind and memory' in testamentary capacity cases underscore the importance of cognitive functions?

    <p>The requirement emphasizes the need for the testator to have a sound mind capable of rational decision-making and memory retention.</p> Signup and view all the answers

    Study Notes

    Testamentary Capacity

    • A testator must have a 'disposing mind and memory' to possess formal testamentary capacity.
    • A testator must be of sufficiently sound mind to understand the essence of what will making entails.
    • Testamentary capacity requires the ability to recollect:
      • The nature and extent of their property.
      • The persons who have a natural claim to their property.
      • The manner in which they desire to distribute their property.
      • The claims of others who may have a claim to their property.
      • The possibility of a future marriage.

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    Description

    Test your knowledge on testamentary capacity based on the court ruling in Tregea v Godart 1939 AD 16. Understand the requirements for a testator to possess formal testamentary capacity and the significance of having a 'disposing mind and memory.' Explore the key factors needed for a testator to make a valid will.

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