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Capacity can be measured in a number of ways. However, it is important to consider any particular test of capacity by reference to the context of the test. This is highlighted in Schuitema v Schuitema, which relates to a claim regarding the will-maker’s capacity and allegations of undue influence. Matters between the parties were settled … Continue reading →
Gorringe v Pointon is a successful appeal of a High Court decision; the Court of Appeal finding that the deceased’s final and penultimate wills were more probably than not procured by undue influence. The circumstances relating the two wills found to be procured by undue influence are summarised follows: With respect to undue influence as … Continue reading →
Matters of Trust