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In De Rooy v Coleman Brewer J is tasked with determining the validity of a will not on account of any question as to testamentary capacity; but as to whether the will was procured by means of undue influence. The will that is the subject of this enquiry is that of Mr Johan de Rooy … Continue reading →
The subject of who determines capacity is a live topic. Is it medical? Is it legal? More importantly, does it make sense? The test regarding testamentary capacity is generally well understood. The trick is to understand it. The High Court decision in Public Trust v Lawrence clearly articulates the divide between understood and understand. As … Continue reading →
Matters of Trust