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05 May 2021
Issue: 7931 / Categories: Legal News , Mental health , Wills & Probate
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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
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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

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