Monthly Features
04/02/2021
Tests for will-making capacity
by Mornington Peninsula Magazine

Advertise with us and book your online advertising spot

Promote your business or offer here - Retail

Advertise with us and book your online advertising spot

Promote your business or offer here - The Business

Advertise with us and book your online advertising spot

Promote your business or offer here - Property Home Garden

Advertise with us and book your online advertising spot

Promote your business or offer here - Monthly Features 

Advertise with us and book your online advertising spot

Promote your business or offer here - Arts Events Leisure

There are some well-recognised tests to determine whether a person making a will has the capacity to make that will. The evidence needed, such as medical evidence, needs to focus on the time at which the will-maker gave instructions for the drafting and execution of the will.

A will-maker must comply with certain formal requirements, including having relevant mental capacity to make a valid will. This issue of capacity is very important to determine whether a will is valid.

A test for will-making capacity – or testamentary capacity, as it is known – has been confirmed by a number of court interpretations, and in particular the rule in Banks & Goodfellow (1870) LR 5 QB 549, which has been reinterpreted in modern-day language in several Australian courts.

The will-maker must: 

• Have the capacity to understand the nature of the act of making a will and its effects;

• Understand the extent of the property (assets), the subject of the will;

• Have the capacity to comprehend the moral claims of potential beneficiaries; and,

• Not be suffering from a condition that interferes with his or her normal decision-making concerning the bequests in the will (testamentary dispositions).

Should you wish to discuss any of these matters in detail, do not hesitate to contact Alan Alpass or Barbara Kramer at Alpass & Associates at their Rosebud office on 9088 8664 or at Kilsyth on 9725 0377.

9088 8664 (Rosebud)

9725 0377 (Kilsyth)

www.alpasslaw.com.au

1/5 Suffolk St, Rosebud

Advertise with us and book your online advertising spot

Promote your business or offer here - People and Places

Advertise with us and book your online advertising spot

Promote your business or offer here - Parenting and Education

Advertise with us and book your online advertising spot

Promote your business or offer here - Health Beauty

Advertise with us and book your online advertising spot

Promote your business or offer here - Food Wine Produce

Advertise with us and book your online advertising spot

Promote your business or offer here - making news

Join our VIP club

Automatically go in the draw for a monthly members only prize

Receive occasional emails to update you on events and special member offers, plus every month a link to Mornington Peninsula Magazine e-version days before it is released.

Opt out at any time. We promise, no spam!

Advertise with us

Target the affluent and discerning consumer who prefers local products and services.  Showcase your brand in Mornington Peninsula Magazine, online and on social media with one booking.

List your event

No matter what type of event you want to promote we have an option to suit your event size and budget.