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Why must the transaction be classified before assessing capacity to make a gift, create a trust, deal with land or make a will?
What must a settlor understand about the nature and effect of a disposition to have capacity to create a valid trust?
How can vulnerability, illness, influence and timing help prove or challenge a settlor’s capacity when a trust was created?
Why must capacity be assessed separately from certainty, constitution and undue influence?
What follows if the settlor lacked capacity, and why may no further trust-validity analysis be needed?
How should an elderly settlor’s understanding of the nature and effect of transferring most of their wealth into a trust after an illness be assessed before certainty, constitution or undue influence?
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