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    Hi,

    I'm going through my coursework question for this topic and wondered if anyone knew what would happen if you were drunk whilst writing your will?
    Does that show testamentary incapacity or no knowledge or approval?
    Are there any cases to support?

    Thanks
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    Theobald on Wills puts it like this:

    In order to have testamentary capacity a testator must understand:

    (i)
    The effect of his wishes being carried out at his death, though it is not necessary that he should view his will with the eye of a lawyer and comprehend its provisions in their legal form.
    (ii)
    The extent of the property of which he is disposing.
    (iii)
    The nature of the claims on him. The testator must have “a memory to recall the several persons who may be fitting objects of the testator’s bounty, and an understanding to comprehend their relationship to himself and their claims upon him” so that he can decide whether or not to give each of them any part of his property by his will.

    The same test applies whether the testator has been subnormal from birth or has suffered impairment of the mind during his lifetime, whether through injury, physical or mental illness, senility or addiction.
    So it is just a question of fact in each case. Provided the will is 'rational on its face', there is a presumption that the testator had capacity and the person claiming that he does not will have to prove, on the balance of probabilities, that he did not.
 
 
 
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