What is the test for making a will in Scotland?
Alberta, Canada
The following excerpt is from Maronda v. Colliton, 2010 ABQB 354 (CanLII):
Banks v. Goodfellow contains the following of Lord Chief Justice Cockburn: It is essential to the exercise of such a power (of making a will) that a testator shall understand the nature of the act, and its effects; shall understand the extent of the property of which he is disposing; shall be able to comprehend and appreciate the claims to which he ought give effect, and with a view to the latter object that no disorder of the mind shall poison the affections, pervert his sense of right, or prevent the exercise of his natural faculties, that no insane delusion shall influence his will in disposing of his property, and bring about the disposal of it, which, if the mind had been sound, would not have been made.
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