RRLLB81 Assignment 3 PORTFOLIO (QUALITY ANSWERS) Semester 1 2026 - A will made during a lucid interval by an insane person

This document provides detailed workings, clear explanations, and well-structured solutions for the RRLLB81 Assignment 3 PORTFOLIO (QUALITY ANSWERS) Semester 1 2026 - A will made during a lucid interval by an insane person A will made during a lucid interval by an insane person An insane person lacks legal capacity. This is also relevant when a will has to be executed. This means that an insane person cannot execute a valid testamentary. Of course, it is not necessary that the court should declare a person to be insane, any evidence establishing the insanity of a person should suffice. The person who alleges insanity should adduce evidence thereof. It is, however, possible that an insane person could during a period of lucid interval execute a valid will. This means that when a person is of a sound mind, the person gains testamentary capacity. Strictly speaking, an insane person could/should die intestate. There could be valid legal contention regarding a period of lucid interval and the validity of the will. Firstly, evidence of a period of lucid interval cannot be established retrospectively, secondly, there could be dispute about the evidence of the lucid interval. Those who expected the insane person to die intestate could challenge the will, and the beneficiaries would urge for the promotion of the will. What is your opinion about the lucid interval period, legal capacity and the execution of the wills.