header-logo header-logo

05 May 2021
Issue: 7931 / Categories: Legal News , Mental health , Wills & Probate
printer mail-detail

Banks v Goodfellow test still works

The High Court has clarified that a test for capacity from an 1870 case remains good law, in a bitter wills dispute between two siblings.

Mrs Justice Falk handed down judgment this week in Clitheroe v Bond [2021] EWHC 1102 (Ch).

Amanda Smallcombe, partner at Birkett Long, which acted for Susan Bond, said Falks J held the test in the 1870 case of Banks v Goodfellow was the correct test to apply when considering testamentary capacity retrospectively, and had not been swept away by the Mental Capacity Act 2005.

Lucinda Brown, partner at BDB Pitmans, said practitioners would welcome the clarity the decision brings that a test in use for the past 150 years remains good. Brown said the judgment also provided detail on the proper test for establishing whether a delusion is present, which requires a holistic assessment of the evidence, taking into account the nature of the belief, circumstances and evidential basis for and against it.

Issue: 7931 / Categories: Legal News , Mental health , Wills & Probate
printer mail-details

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll