Questions and Answers
2.What was held in Spies v Smith?
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.
What was held in Smith v Strydom
1>Understanding nature & Consequences of act perfomed.2> Memory of bequethable property.3>Mind to differentiate entitlements of beneficiaries
- What was held in Kristen V Bailey ?
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.
Requirements for Testamentary capacity
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To determine if person is mentally capable at execution time Courts looked at:
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Factors determining Testamentary Capacity
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Sim v Master
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1.Spies v Smith
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1.Kristen v Bailey
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A codicil
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Adiate & repudiation
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