Whether a decedent had sufficient testamentary capacity to make a will arises frequently in trusts and estates practice. Was the decedent of "sound mind" with the necessary mental ability to ...

The creator and signer of a Will is known as a testator. Testamentary capacity, therefore, is the ability of the testator to knowingly sign his or her Will. There are numerous ailments that may result ...

Forbes contributors publish independent expert analyses and insights. I am an RN-Attorney with significant experience in both professions. Sep 12, 2025, 01:40pm EDT This issue of creating new legal ...

Howard Smith considers how the concept of testamentary capacity has evolved over time, including the impact of the Mental Capacity Act and the importance of the 'golden rule' The familiar common law ...

Perrins v Holland and others [2010] EWCA Civ 840 Mr Justice Lewison had applied the principles of Parker v Felgate (1883) 8 PD 171 to declare a will valid where the ­testator had given instructions in ...

The Supreme Court of British Columbia has invalidated a will of a deceased woman due to the presence of suspicious circumstances surrounding its execution. In Jung Estate v Jung Estate, 2022 BCSC 1298 ...