Which element is NOT part of the requirements for testamentary capacity as per Vout v Hay?

Testamentary capacity refers to a person's legal ability to create or modify a will, and certain elements must be present for this capacity to be deemed valid. In the context of the case Vout v Hay, the essential requirements for testamentary capacity include understanding the nature of the act of making a will, recognition of the claims of those who may be entitled to inherit, and knowledge of their own property and assets.

The element regarding "The ability to influence others' decisions" is not a requirement for testamentary capacity. This means that a testator does not need to have the power to sway the opinions or decisions of others in order to be considered capable of making a valid will. Instead, the focus is on the testator’s understanding of their own situation and the implications of their decisions regarding the distribution of their estate.

This understanding of testamentary capacity as interpreted in Vout v Hay reinforces the autonomy of the testator in deciding how their assets should be allocated, without the necessity of being able to influence or manipulate the actions of others.