What is the test for making a will in Scotland?

Alberta, Canada


The following excerpt is from Maronda v. Colliton, 2010 ABQB 354 (CanLII):

Banks v. Goodfellow contains the following of Lord Chief Justice Cockburn: It is essential to the exercise of such a power (of making a will) that a testator shall understand the nature of the act, and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought give effect, and with a view to the latter object that no disorder of the mind shall poison the affections, pervert his sense of right, or prevent the exercise of his natural faculties, that no insane delusion shall influence his will in disposing of his property, and bring about the disposal of it, which, if the mind had been sound, would not have been made.

Other Questions


Does a person who makes a false statement have to make good the damage caused by the false statement? (Alberta, Canada)
Can a returning officer on a Metis settlement consider their residence as a place for filing or making inquiries? (Alberta, Canada)
Can a police officer make a roadside breath demand under section 254(2) of the Criminal Code? (Alberta, Canada)
How have courts dealt with the argument that negligence or lack of care on the part of a visitor relieves the occupier of his duty to make the premises reasonably safe? (Alberta, Canada)
Can a statement "let’s make sure we kill all the pigs” be excluded by the trial judge? (Alberta, Canada)
Does solicitor-client privilege extend to conversations in which a person makes disclosures while seeking to retain a solicitor? (Alberta, Canada)
When authority from Scotland has been incorporated into our law, is it appropriate that we reconsider our decisions when authority from another jurisdiction is called into question in that jurisdiction? (Alberta, Canada)
Is it necessary or practical to make known to a person arrested the reason why they are being arrested? (Alberta, Canada)
How have the courts in Scotland dealt with a decision made by the Landlord and Landlord Board in relation to the sale of land in the area? (Alberta, Canada)
What is the limitation period for making a demand promissory note? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.