Article on the Requirements of Testamentary Capacity

Linda Schoeman-Malan recently published an Article entitled, The Requirements and Test to Assess Testamentary Capacity (1), 78 J. Contemporary Roman-Dutch L., 605–21 (2015). Provided below is an abstract of the Article:

In almost all common law jurisdictions the delineation of testamentary capacity has become a controversial topic in recent times. One of the reasons is that as people live longer their cognitive abilities are questioned. Furthermore, the expectation to inherit amongst potential heirs builds up and the disappointment of not being instituted as a beneficiary prompts disgruntled disinherited beneficiaries to contest the will of sick, vulnerable and older testators. In recent times such law suits have come to count among the most frequent types of litigation.