What defines a "disposing mind and memory"?
Manitoba, Canada
The following excerpt is from De Lorenzo v. Molinari, 2000 MBQB 30 (CanLII):
According to Rand J., in Leger v. Poirier, 1944 CanLII 1 (SCC), [1944] 3 D.L.R. 1 at 11-12 (S.C.C.): … A “disposing mind and memory” is one able to comprehend, of its own initiative and volition, the essential elements of will-making, property, objects, just claims to consideration, revocation of existing dispositions, and the like….
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the effect of memory loss in the context of an applicant's memory loss? (Manitoba, Canada)
How has reasonableness been defined in the context of a judicial review? (Manitoba, Canada)
How have courts defined a cause of action? (Manitoba, Canada)
What is the testamentary capacity of a person to dispose of his property by will? (Manitoba, Canada)
Is the veto right a "thing in action" as defined by s. 2 of the BIA? (Manitoba, Canada)
What is the effect of a restrictive covenant between a member of a medical practice and the members of a private medical practice? (Manitoba, Canada)
Does a privative clause in a contract allow a purchaser to object to title when the vendor appears to have no title? (Manitoba, Canada)
What is the standard of care for a plaintiff in a medical malpractice case? (Manitoba, Canada)
In what circumstances will a plaintiff be liable for the consequential damages he claims he suffered as a result of the rise in the price of oil during World War II? (Manitoba, Canada)
What is the definition of a "factual situation" in a personal injury case? (Manitoba, Canada)
