The Requirements and Test to Assess Testamentary Capacity (2)

Journal of Contemporary Roman-Dutch Law, Vol. 79, p. 69-84, 2016

16 Pages Posted: 8 Sep 2016

See all articles by Linda Schoeman-Malan

Linda Schoeman-Malan

University of Pretoria - Faculty of Law

Date Written: February 6, 2016

Abstract

In almost all common law jurisdictions the delineation of testamentary capacity has become a controversial topic in recent times. One of the reasons is that as people live longer their cognitive abilities are questioned. Furthermore, the expectation to inherit amongst potential heirs builds up and the disappointment of not being instituted as a beneficiary prompts disgruntled disinherited beneficiaries to contest the will of sick, vulnerable and older testators. In recent times such law suits have come to count among the most frequent types of litigation.

Keywords: testamentary capacity, will and testament

Suggested Citation

Schoeman-Malan, Linda, The Requirements and Test to Assess Testamentary Capacity (2) (February 6, 2016). Journal of Contemporary Roman-Dutch Law, Vol. 79, p. 69-84, 2016, Available at SSRN: https://ssrn.com/abstract=2835435

Linda Schoeman-Malan (Contact Author)

University of Pretoria - Faculty of Law ( email )

Lynnwood Road
Pretoria, 5100
South Africa

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