WILLS AND ADMINISTRATION OF ESTATES QUESTIONS WITH CORRECT ANSWERS

Purpose of a will CORRECT ANSWER to dispose of property in a way which the deceased person wants tax planning Validity of Wills CORRECT ANSWER the testator to have the mental capacity to make a will the testator to have the intention to make a will s.9 Wills Act 1837 s. 9 Wills Act 1837 CORRECT ANSWER proper formalities and execution Capacity CORRECT ANSWER Banks v Goodfellow (1870) Parker v Felgate (1883) Banks v Goodfellow (1870) CORRECT ANSWER a sound and disposing mind and memory requires the testator to understand 3 things at the time the will was made: (1) The nature of the act & its effect (2) The extent of their property (3) The claims to which they ought to give effect Parker v Felgate (1883) CORRECT ANSWER provides an alternative: (1) The requisite capacity exists at the time of giving instructions (2) The Will has prepared in accordance with those instructions (3) The testator is aware that they are executing a will based on previous instructions