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Capacity - Coggle Diagram
Capacity
Intention
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Vitiating Factors
Fraud: intentionally misleading the testator, thereby affecting the making of his will or its provisions. The testator must have been deceived. A failed attempt at deceiving is irrelevant.
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Mistake : will made with mistake clearly fails as the testator lacked knowledge and approval of the will - no animus testandi.
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Age
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Age of Majority Act 1971
S2 Subject to S4, the minority of all males and females shall cease and determine within Malaysia at the age of 18, and every such male and female attaining that age shall be of the age of majority.
S4(c) Nothing in this Act shall affect any provision in any other written law contained fixing the age of majority for the purposes of that written law.
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Mental Capacity
Sound Mind
S3 of Wills Act: every testator is required to be sound mind to devise, bequeath, or dispose of property by will. This ensures the testator understand the nature of their actions.
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Unsound of Mind
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Delusions妄想: if a will was made while the testator was suffering from a delusion (an irrational belief which cannot be eradicated by rational argument), it may be valid. 如果遗嘱是在立遗嘱人患有妄想症（一种无法通过理性论证消除的非理性信念）时立下的，则遗嘱可能无效。
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Lucid Interval清醒间隔： the testator must be mentally competent when the will is executed. If this can be established, the fact that the testator lacked such competence befroe or after the execution will not invalidate a will. The will is valid.
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Re Ng Toh Piew, deceased.
Rule in Parker v Felgate: clear instruction were given by competent testator as to making of his will but before the will is executed, the testator loses mental competence. The will = valid, only if the instruction were given to a solicitor.
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