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Testamentary Capacity

This tag is associated with 2 posts

Common and solemn

Probate, or proving, of a will can be made in common or solemn form.  As noted at [4] in Young v Young “Probate in solemn form is generally irrevocable; probate in common form is revocable.” By way of general observation probate in common form is what is most commonly sought.  Probate in solemn form is … Continue reading

The impact of mental illness on testamentary capacity

Making a will is an important rite of passage into adulthood.  Over time, a person’s will may be up-dated to reflect changing cirucmstances or allegiances.  Some people write their own wills, more commonly a lawyer is engaged to draft the will.  The difficulty with a will of course is that by its very nature it is only operative when the … Continue reading

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