Sentences with phrase «testamentary intention»

[35] In George the court confirmed that testamentary intention means much more than the expression of how a person would like his or her property to be disposed of after death.

From the decision in Young it is evident that the further a document departs from the formal execution requirements the harder it may be to find testamentary intention.

10 Where, on application, the Court is satisfied on clear and convincing evidence that a written document embodies the testamentary intention of a deceased individual, the Court may order that the written document is fully effective as the will of the deceased individual, despite that the document was not made in accordance with section 3 (1)(b) or (c) or 6 or is in an electronic form.

Were a dispensing power to be introduced, there are strong arguments that it should apply not only to traditional written documents, but also where testators express their testamentary intentions in an electronic format, as well as in an audio or audio - visual recording.

The Law Commission also lists as one of the potential reforms «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.»

Norwegian lawyer Fredrik Heffermehl, who holds an LLM from NYU, argued in his book, Nobels vilje published in 2008, that half the awards of the Peace Prize have not conformed to Alfred Nobel's 1895 testamentary intentions.

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.

In determining the deceased's final testamentary intentions, Madam Justice Dickson wrote:

Not exact matches

From time to time we are asked whether it is possible for the Beneficiaries of a Testamentary Trust or Family Trust to terminate the Testamentary Trust or Family Trust despite the Testator's or Settlor's original intentions.