Testamentary Capacity

Right to dispose of property by will

Any person may devise, bequeath or dispose of by will, by regulations, all real property and all personal property to which the person is entitled, either in law or in equity, at the time of the person's death and if not devised, disposed of by any heir-at-law or any next of kin.

  • no will shall be invalid solely due to the testator not leaving any heir-at-law or next of kin

Will by minor

A will made by a person who is under the age of majority is not not valid unless at the time of making the will the person is or will be married

  • a minor who has made a will may revoke the will

Appointment of will

Any person may make a will appointing one executor or more to a will whereof the person is the executor or an appointment by will made in the pursuant of a power to be executed

NS Will Act s.3-5