Questions we Can Help you to Answer

Paper Instructions:

“A testator must be able to exercise a rational appreciation of what he is doing.  He must understand the 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.”  (Sivewright v Sivewright’s Trs 1920 SC (HL) 63 at 64 per Viscount Haldane) 
Critically comment on the approach taken by the courts in evaluating a testator’s capacity to make a will.

Use OSCOLA referencing system.