Capacity: Importance of the golden rule

Burges Salmon LLP | Trusts and Estates Law & Tax Journal | April 2018 #195
Kevin Kennedy and Andrew Walls report on the test in Banks v Goodfellow ‘This judgment provides very significant support that the Banks v Goodfellow test is the sole test for the court to apply when judging testamentary capacity post mortem.‘ The High Court in James v James [2018] has ruled that the test in Banks …

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Testamentary Capacity: Banking on Banks v Goodfellow

Fenners Chambers | Trusts and Estates Law & Tax Journal | April 2015 #165
Walker v Badmin has clarified the correct test for testamentary capacity. Araba Taylor explains ‘The clarity offered by the Walker judgment is very welcome, given the conflict between earlier first instance decisions and what the judge described as the “rather ambivalent view” in the textbooks.’ It is now settled: the test for testamentary capacity in …

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