"In establishing that test the courts have endeavoured to reconcile acceptance of the right of a testator to dispose of his property as he pleases with a desire to protect the interests of those whom society has accepted as having a moral claim on a testator's bounty. For this reason it is not enough for the testator to know and understand how he is leaving his property when he executes his will. He must also possess sufficient capacity to appreciate what his property is and recognise the persons who have a moral claim upon him and, more importantly for present purposes, a capacity to exercise a balanced judgment as to such claims. In my opinion, there is much to be said for applying the same standard to a voluntary settlement by a settlor of his own property. The positions of a settlor and a testator are not, of course, identical. In the case of a testator the law has no concern to look after the donor's own interests because he is dead, but equity has always shown some concern for the interests of a person who makes a voluntary settlement of his own property inter vivos. Maybe this is because the trusts created by such a settlement are enforceable only in equity, and this has given the equity courts, as courts of good conscience, an opportunity to apply to such settlements general concepts of fairness and protection of the weak, particularly when they are for some reason disabled from exercising a proper judgment of their own interests. No question of depriving another party of the benefits of a fair and proper bargain for which he has given consideration arises on a voluntary settlement, but such a settlement may put a settlor in a position in which he has failed to do justice, not only to himself, but also to those who may become dependent upon him, or to whom he might owe or acquire a moral duty to provide. For these reasons I think that there should be applied to the case of a voluntary settlement the same test of mental capacity as is applied to the creation of a testamentary trust."