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by M Glover · 2014 · Cited by 23 — tionale.5 Likewise, although the rule has appeared in the UPC since its origi- ... Howev- er, because this justification mirrors the rationales of minor incapacity rules ... who wish to dispose of their property through wills must also satisfy a mental ... mandates that a testator be of "sound mind" at the time he executes a will.26.

Danuta Mendelson* - DRO - Deakin University

by D Mendelson · 2006 · Cited by 3 — the law of succession relates to the assessment of the testator's mental ... absolute right of the testator to dispose of her or his property by will, which has its origins in the ... 14 His Honour referred to Durnell v Corfield (1859) 1 Sw & Tr at 402; 163 ER 961. ... 18 The testator must be of sound mind at the time of signing the will: ...

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A person's mental capacity can fluctuate over time or in different situations, so you will need ... New South Wales, (Sydney, 2008) at http://www.justice.nsw.gov.au/ ... lacked (or has not been shown to have possessed) a sound disposing mind, ... such a power that a testator shall understand the nature of the act and its effects;.

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http://www.abs.gov.au/ausstats/[email protected]/Lookup/by%20Subject/3303.0~2012~Main%20Featur ... those who have executed wills and for whom the time of death is not far off, the ... Such a mind the law calls a “sound and disposing mind. ... Act), and is rational on its face, then a prima facie case of testamentary capacity will.

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