law question regarding capacity and animus testandi to make a will

[keenshe]

Alice died recently at the age of 88. She made a correctly executed will a few months before her death, which she bequeathed a legacy of RM 50,000 to her best friend, Betty, and left the residue of her estate to her cousin, Andy. She left nothing to her only surviving sister, Christine, with whom Alice had never been close.

Alice had suffered a massive stroke four years earlier and found it hard to communicate. She had been in need of housing care for the past few years prior to her death. Her memory had also been badly affected. Nevertheless, the nursing home staff found her to be generally lucid and able to comprehend routine things.

Alice initially refused to make a will but Andy had insisted that she made one. In fact, Andy told her that if she did not make a will, all her property will go to the state upon her death. As for Betty, it transpired that Alice believed that Betty was her guardian angel. Also, Betty had mentioned to Alice before that Betty needed money badly to continue with her studies.

Andy drafted the will for Alice and read it over slowly and clearly to her in the presence of two nurses. Alice nodded and signed the will unaided.

Advise Christine.

[pink-kittens]

Ah, homework
Consult books often found in the library

[dzug]

RM doesn't sound like the UK - either pre-war Germany or current Malaysia

I doubt if you will get anywhere on this site with Malay laws.

And yes - what is the question anyway? Is this an exam or real life? Sounds very much like the former. A - B -C.

Under UK law it depends on whether Andy used undue influence on Alice to make the will. He 'insisted' she make it. He lied about the state getting it all - Christine as sister would have inherited in the absence of a will.

It sounds like he may have done - but proving it will be expensive and prone to failure

[keenshe]

oh yeah, the RM's representing the malaysian currency. i want to know what is the possition under UK laws regarding this matter. the question is whether there is a valid will made by alice though she hadn't enough capacity and animus testandi to make will.


thanks for the answers. :)

[Barmaid]

As well as all of the above, you need to consider "suspicious circumstances" - ie when the major beneficiary is involved in drawing up the will. See the case of Wintle v Nye. You may also wish to consider the different burdens, and to some extent standards of proof viz suspicious circumstances v undue influence.