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
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: Suggested Citation