-- Main.ChrisKenward - 31 Mar 2017

If a person enters into a transaction or executes a document at a time when they lack the mental capacity to understand the nature or effect of the document, the transaction entered into or document executed is not effective at law. However, all persons who have reached the age of majority (18 years) are presumed to have the capacity to enter into contracts and other transactions and to execute documents that have legal effect. The onus of proving that they lack legal capacity lies with the person alleging the lack of capacity. These starting points have been long established in the common law.

Blah blah footnote (1) continuing text.

However, there needs to be, and are, a number of exceptions to those basic and sometimes conflicting rules.

Notes

1 : Re Cumming [1852] EngR 427; (1852) 42 ER 660, 668;

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