Hello,
Re this page:
http://whitechapel.yolasite.com/court280807_3.php
it is a copy of a court ordr made by Judge Summerville and refers to [1] This is an application under the Protection of Personal and Property Rights Act 1988 in relation to Malcolm Baker.
Accordingly,
it iss appropriate for the draft order to be made. I note that it is
not in relation to selling his property but just a basic order which
looks at the schedule specified in Clause 1(a), (b), (c), (d), (r), (s)
and (y). Accordingly that order is made. There will be a review no later
than 28 August 2010.
Can you tell me under the property act
Clause 1(a), (b), (c), (d), (r), (s)
and (y).
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM126528.html
Which clauses Clause 1 refers to?
Is it this one?
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM126532.html#DLM126532
Short Title and commencement
(1) This Act may be cited as the Protection of Personal and Property Rights Act 1988.
(2) This Act shall come into force on 1 October 1988.
http://www.legislation.govt.nz/act/public/1988/0004/latest/DLM128110.html?search=sw_096be8ed807784c6_Clause+1&p=1&sr=3
And can my member of parliament, since it the the government's responsibility to enforce the statutes of our law, what the legal test for competence to make a will is?
If I cannot appeal to the reason of my member of Parliament, who can appeal to if my property manager refuses to allow it?
http://en.wikipedia.org/wiki/Testamentary_capacity
In the common law tradition, testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. This concept has also been called sound mind and memory or disposing mind and memory.
Adults are presumed to have the ability to make a will. Litigation about testamentary capacity typically revolves around charges that the testator, by virtue of senility, dementia, insanity, or other unsoundness of mind, lacked the mental capacity to make a will. In essence, the doctrine requires those who would challenge a validly executed will to demonstrate that the testator did not know the consequence of his conduct when he executed the will.
The requirements for testamentary capacity are minimal. Some courts have held that a person who lacked the capacity to make a contract can nevertheless make a valid will. While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware of:
- The extent and value of their property
- The persons who are the natural beneficiaries
- The disposition he is making
- How these elements relate to form an orderly plan of distribution of property.[1][2][3] [4] [5]
Even when a testator are found to have lacked testamentary capacity due to senility, loss of memory due to the aging process, infirmity or insanity, courts will sometimes rule that the testator had a "temporary period of lucidity" or a "lucid moment" at the time of the execution of the testamentary instrument. Such finding will validate a will that would otherwise be denied probate.
A way to forestall a will contest would be to have a self-proving will, in which an affidavit of the witnesses to the will specifically swear or affirm that the will was prepared under the supervision of an attorney.
Malcolm Baker