Trusts Act 2025
sec.10Meaning of capacity and impaired capacity
Start here
Get a plain-English read of sec.10
Turn the raw legal text into a practical explanation grounded in Trusts Act 2025.
sec.10 Meaning of capacity and impaired capacity
A person has capacity for a matter only if the person is capable of— understanding the nature and effect of decisions about the matter; and freely and voluntarily making decisions about the matter; and communicating the decisions in some way. A person has impaired capacity for a matter if the person does not have capacity for the matter. administering a trust (sec.10-ssec.1) A person has capacity for a matter only if the person is capable of— understanding the nature and effect of decisions about the matter; and freely and voluntarily making decisions about the matter; and communicating the decisions in some way. (sec.10-ssec.2) A person has impaired capacity for a matter if the person does not have capacity for the matter.
- (a) understanding the nature and effect of decisions about the matter; and
- (b) freely and voluntarily making decisions about the matter; and
- (c) communicating the decisions in some way.