The Proposed Act must also include safeguards aimed at confirming that testators possess
sufficient testamentary capacity at the time of executing an electronic will.
A will can be challenged on the basis that the deceased lacked
sufficient testamentary capacity, and did not know what they were doing when the will was made.
Not exact matches
Apart from the house, Kay had only about $ 3,200 — not nearly
sufficient funds to pay the approximately $ 195,000 in
testamentary gifts set out in her will.
Proposed plans include: · Introducing a power to dispense with the formalities for a will, to allow courts to recognise wills where the deceased's
testamentary intentions are clear; · Enabling electronic wills provided that there is
sufficient protection for testators against fraud and undue influence; · The creation of a separate doctrine of
testamentary undue influence; · Bringing the test for
testamentary capacity within the Mental Capacity Act 2005 to take into account modern understanding of conditions like dementia; and · Reducing the age at which a will can be made to 16.