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FlashCards por natalielouw, atualizado more than 1 year ago
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Criado por natalielouw
mais de 10 anos atrás
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| Questão | Responda |
| RAPSON v PUTTERILL Insane Delusion | Test for insane delusion = persistent belief of things as real which exist only in the imagination of the patient, and which no rational person would believe if they were sane. → clear that insane person is incapable of making a will, even if the court has not declared that person insane. |
| Rapson v Putterill Mental Illness | Test for insane delusion = persistent belief of things as real which exist only in the imagination of the patient, and which no rational person would believe if they were sane. |
| Prinsloo’s Curator Bonis v Crafford & Prinsloo: Mental illness | if someone is declared insane, there is a rebuttable presumption that they were disturbed. A lucidum intervallum must be proved |
| Geldenhuys v Borman: Incompetency to handle own affairs | Despite the curator, he could make a will |
| Essop v Mustapha and Essop NNO and Others: Illness, age | • Common law test for mental capacity: “sound and disposing mind and memory” → did the sickness and disease diminish powers of judgment and discrimination to such an extent? Just because mental capabilities are reduced below what they were, doesn’t mean that there is no testamentary capacity |
| Essop v Mustapha and Essop NNO and Others: The time for establish mental capacity | the time of execution The burden of proof rests on the person alleging |
| Spies NO v Smith en Andere: Mental illness | Factors to be considered determining mental incapacity: Did he understand the nature of the act? Was he capable of distinguishing between people who could possible have a claim to his estate? Did he have the capacity to broadly understand the nature, extent and value of his assets? |
| Spies NO v Smith en Andere: Undue influence | • Factors to consider with undue influence: What was his state of mind? What was his ability to resist influence? What kind of a relationship was there? What was the time period between execution and death? Undue influence = a displacement of volition. Not just unfounded suspicion and speculation. It is akin to coercion or fraud. It is not flattery, tolerance of humiliation or subservience. Special relationship does not justify presumption that undue influence has been exercised. However the relationship is a factor that the court will take into account |
| Katz and Another v Katz and Others: mental illness | someone could be unable to conclude a complex commercial transaction byt still could be capable to making a will. |
| Katz and Another v Katz and Others: undue influence | the factors in spies must be supported with evidence |
| Katz and Another v Katz and Others: Formalities | There is a legal presumption in favour of the validity of a will bearing the outward marks of genuineness |
| Thirion v Die Meester en Andere: Alcohol, undue influence, formalities | It must be proven that at the time of execution alcohol was consumed. Alcohol consumption is in any event not sufficient reason to invalidate legal acts. No evidence of undue influence. S2(1) of the wills act is applicable to prevent fraud. S2(3) becomes operative where fraud is not an issue. Will was condoned i.t.o s2(3) Application of Spies |
| Ferreira NO v Smit NO: Delegation of testamentary power | • Where there has been an appointment of testamentary power, the power must be exercised in accordance with the provisions of the will, and the grantee must intend to exercise the power. |
| Braun v Blann & Botha: power of appointment | • Power of appointment may be conferred on trustees but only specific powers • Power to create a new trust, determine its beneficiaries, terms and trustees is invalid, as it exceeds the scope of mere power of appointment of income or capital to beneficiaries from a class of people. |
| Ex parte Reay: in Re McGregor’s Estate: Power of appointment | It must be exercised in its entirety. If not, it is ineffective |
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