Establishing legal capacity is crucial, especially when contesting a will. It’s not always as straightforward as it sounds. The Supreme Court case of d’Apice v Gutkovich illustrates this complexity. In this case, Irene Abrahams (the deceased) was found to have the capacity to make a will, despite a prior decision by Guardianship Tribunal indicating she could not manage her affairs.
What is Legal Capacity?
Generally, legal capacity requires a person to:
- understand the facts involved regarding the decision to be made;
- comprehend the choices available;
- Evaluate those choices and their likely effects;
- Communicate the decision clearly.
It’s important to note that legal capacity requirements vary depending on the context. For wills, the foundational principles were established in the 1870 case of Banks v Goodfellow, which has withstood the test of time. [...]
