The Succession Act

Legal capacity is described as the ability to make decisions that the legal system will uphold. The Succession Act provides for people that lack testamentary capacity to attain court authorised wills. There is a variety of information required in support of the application for leave, allowing the court to make judgement on testamentary capacity. This protects the interest of dementia sufferers by attempting to ensure the estate is distributed in the manner it would have been if there was capacity.

The testator must be able to understand, recall property, remember, give consideration and not suffer delusions about people who would ordinarily benefit under the Will.

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