Disputes across the generations

• Testamentary capacity, want of knowledge and approval.

The test for testamentary capacity is as set out in Banks v Goodfellow (1870) rather than the law as to lack of capacity under the Mental Capacity Act 2005. In the recent case of In the estate of Beryl Parsonage (deceased) [2019] EWHC 2362 (Ch), a distinction is drawn between testamentary capacity and want of knowledge and approval, with the testatrix being found to have testamentary capacity in respect of her 2010 and 2011 wills, but her 2010 will determined to be invalid for want of knowledge and approval.

The Parsonage case

Beryl Parsonage had four children: Sian, Alison, Ian and Duncan. She also had eight grandchildren (all adult by the time of trial). Beryl’s husband, Keith, pre-deceased her. Beryl died on 18 November 2015 aged 86 years. Her net estate was worth in the order of £400,000 but there was also an overage entitlement which was