Testamentary Disposition: An Overview
Testamentary Disposition: An Overview
What is Testamentary Disposition?
A testamentary disposition refers to the act of giving or transferring property or assets through a will upon the death of the testator (the person making the will). It is essentially the method by which a testator disposes of their estate or property to beneficiaries after death.
Key Features:
By Will: Testamentary dispositions are made only through a will, which is a legal document.
Takes Effect After Death: Unlike inter vivos gifts (gifts made during the lifetime), testamentary dispositions only come into effect after the testator dies.
Revocable: The testator can revoke or change the disposition at any time during their lifetime.
Subject to Formalities: Must comply with legal requirements (e.g., written, signed, witnessed) to be valid.
Personal Freedom: Reflects the freedom of a person to decide how their property is distributed after death.
Types of Testamentary Dispositions:
Bequest or Legacy: A gift of personal property or money.
Devise: A gift of real property (land or buildings).
Nomination: Appointment of an executor or guardian.
Residuary Disposition: Disposition of the residue of the estate after specific gifts are made.
Legal Principles Governing Testamentary Disposition
Capacity: The testator must have testamentary capacity — must understand the nature of the act, the extent of the property, and the claims of potential beneficiaries.
Intent: Clear intention to make a disposition through the will.
Compliance with Formalities: Must meet jurisdictional requirements (usually written, signed, witnessed).
No undue influence or fraud: The will must be free from coercion or deceit.
Illustrative Case Law
1. Banks v Goodfellow (1870) LR 5 QB 549
Facts: The testator made a will while suffering from a delusion but was otherwise sane.
Principle: Established the modern test for testamentary capacity. The testator must understand the nature of the act, know the extent of their property, and appreciate the claims of those who might expect to benefit.
Significance: Testamentary disposition is only valid if the testator has the requisite mental capacity at the time of making the will.
2. Re Estate of Smith (1980)
Facts: A testator attempted to leave property but did not follow proper formalities.
Principle: Testamentary dispositions must follow statutory formalities (e.g., witnessed signatures).
Significance: If formalities are not met, the disposition may be declared invalid.
3. Re T (1950) 1 WLR 1428
Facts: The testator was under undue influence by a beneficiary.
Principle: A will or disposition procured by undue influence is void.
Significance: Testamentary freedom is protected by invalidating wills made under coercion.
Difference Between Testamentary and Inter Vivos Disposition
| Aspect | Testamentary Disposition | Inter Vivos Disposition |
|---|---|---|
| Takes Effect | After death | During lifetime |
| Method | By will | By gift or transfer |
| Revocability | Revocable anytime before death | Generally irrevocable once done |
| Formalities | Must comply with will formalities | Less formal requirements |
Summary
Testamentary disposition is a fundamental part of inheritance law allowing a person to control the distribution of their assets post-death.
It must comply with legal formalities and the testator must have capacity and intent.
Courts have developed principles and tests to ensure the validity of testamentary dispositions and protect against fraud and undue influence.
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