Sivewright v Sivewright’s Trs, 1920 SC (HL) 63
Citation:Sivewright v Sivewright’s Trs, 1920 SC (HL) 63
Rule of thumb:If a person is suffering from dementia or other ill-health affecting the mind is their will valid? No, the will is not valid in these circumstances.
Judgment:
This case affirmed the case of testator ‘rationality’ – a testator must be in a rational state of mind at the time he writes his will or it is invalid.
Ratio-decidendi:
‘A testator must be able to exercise a rational appreciation of what he is doing. He must understand he nature of his act. But, if he does, he is not required to be highly intelligent. He may be stupid, or he may be improperly, as far as ethics go, activated by ill-feeling... The question is simply whether he understands what he is about’, at 64
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