Chapter 3 & 4

1st ground Argued that>Mental disability,Spies>did not understand nature & effects of his act,>Could not prove & will was not declared invalid on this ground .2nd Ground>testator was unduly influenced & court held that influence did not amount to certain level where it constitute invadility,Will was not declared invalid on this ground.

1>Understanding nature & Consequences of act perfomed.2> Memory of bequethable property.3>Mind to differentiate entitlements of beneficiaries

Testator executed 3 Wills before Died.On 1st & 3rd will defendent was only beneficiary & on 2nd will intestate heirs intestate heirs Challenged vadility of wills.Court held testaor had been unduly influenced by defendent that everyone was going to leave her & they would get married.Court found that testator was mentally incapable to execute all 3 wills.

<p>It is regulated by Wills Act.Must be 16 and above.Must be mentally capable at execution time.Onus of proof on person alleging incapacity.</p> Signup and view all the answers

<p>Mental and physical conditions.General Conducts. Intelligence,memory and capacity to undrstand legal acts..</p> Signup and view all the answers

<p>Voilation(own free will). Animus testandi (intemtion). Unduely influence.</p> Signup and view all the answers

<p>Court held that unsigned document was not a valid will as the testator decided to sign at later stage which means at time of making will there was no serious intention •°• Will was not valid</p> Signup and view all the answers

<p>The clurt held that mere fact that people are in relationship in not enough to constitute Undue influence,However it may be taken into account along with capacity and emotional state of testator at execution time</p> Signup and view all the answers

<p>In this case it became ckear that testamentary capacity and voilation are two separate grounds for invadility but Undue influence may be a factor when testator is mentally fit.</p> Signup and view all the answers

<p>Separate will that refer to an addendum to existing will. (Eg.In will i give les R200000 few yrs later I want to increase the amount).</p> Signup and view all the answers

<p>A&gt;Acceptance of benefit. R&gt; Rejectiom of benefit</p> Signup and view all the answers