Whether the person who made the will had the requisite mental capacity is one of the grounds for initiating a will dispute.
Mental capacity is called ‘testamentary capacity’ in the context of wills and is required for a person to make a valid will. The test for mental capacity comes from Banks v Goodfellow (1870), which requires a person making a will to:
- understand the nature of the act and its effects;
- understand the extent of property of which he or she is disposing;
- be able to comprehend and appreciate the claims to which he or she ought to give effect and that no disorder of the mind would bring about a disposal of it which would not have been made otherwise.
Should a person fail to meet these requirements at the time the will is executed, they will lack the requisite mental capacity. A will made by a person lacking mental capacity is void. [...]