Of Testamentary capacity and the right to make a will

The power freely to dispose of one’s assets by will is an important right, and a determination that a person lacked (or, has not been shown to have possessed) a sound disposing mind, memory and understanding is a grave matter. Per Gleeson CJ in Easter v Griffith (1995) 217 ALR 284 at 290 referred to by Santamaria JA (with whom the other members of the court agreed) in Veall v Veall [2015] VSCA 60 at [209] and by Glesson JA (with whom White and Leeming JJA agreed) in DJ Singh v DH Singh and Others [2018] NSWCA 30 at [144].

It is one of the painful consequences of extreme old age that it ceases to excite interest, and is apt to be left solitary and neglected. The control which the law still gives to a man over the disposal of his property is one of the most efficient means which he has in protracted life to command the attention due to his infirmities. Banks v Goodfellow (1870) LR 5 QB 549; [1861-73] All E.R.47 at 55G