Capacity: Importance of the golden rule

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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EU Succession: Where are we now?

Paul Davidoff considers the EU Succession Regulation and whether it has fulfilled its purpose ‘The focus of the regulation is therefore on determining which state’s succession law is to apply to a person’s estate, which member state’s courts have jurisdiction over EU-related aspects and the introduction of the “European Certificate of Succession.”’ When Christopher Columbus …
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