A person seeking to challenge a will on grounds of lack of testamentary capacity must demonstrate standing by showing they would benefit from the will being set aside. Where the challenger is not named as a beneficiary in any prior will of the deceased, and earlier wills fall outside the period of alleged incapacity and cannot be challenged, the claim has no real prospect of success. Similarly, a person who is not a beneficiary under any will of the deceased lacks standing to challenge an inter vivos transfer by the deceased, as any recovery would benefit the estate (and its beneficiaries) rather than the challenger personally. A caveat claiming a constructive trust in favour of the deceased's children cannot be sustained where any equitable relief would result in the property being held on trust for the estate, not for the caveators.
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