What is testamentary capacity? A basic guide.

As a lawyer specialising in wills and estates, I find myself increasingly providing advice (and often launching legal proceedings) on the basis that a deceased will maker lacked the testamentary capacity to make his or her will.

The recent case Ryan v Dalton; Estate of Ryan [2017] NSWSC 1007 is a case in point. In this case, a testator's final will was challenged. The court held this final will to be invalid due to lack of testamentary capacity. Probate was granted to a will made two years earlier instead. (For the background facts to this case, please see my earlier article Did the old man have the mental capacity to change his will? Which case won?)

Testator gives no reason for changing his will