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….

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