07 February 2014
The Vegetarian Society & another v Scott [2013] EWHC 4097 (Ch), [2014] All ER (D) 205 (Jan)
The general principle of testamentary freedom stated that a person might leave his or her assets as they saw fit. However, Banks v Goodfellow [1861-73] All ER Rep 47 required that a testator have testamentary capacity. The burden of proof lay on the party propounding the will, but that was shifted to the opposing party where the will was rational on its face. If the opposing party proved a real doubt as to capacity, the burden would have reverted to the propounder of the will.
