Testamentary capacity: the capacity, or understanding, required to make a valid will. Some background - Banks v Goodfellow. Mental capacity is decision-specific ...

An example of testamentary capacity. A sad case in which a bereaved father made a will without the requisite mental capacity to do so has clarified who bears ...

Testamentary capacity is the legal term of art used to describe a person's legal and mental ability to make or alter a valid will. Presumption of capacity · Proof of testamentary capacity

The most obvious example being someone falling into a coma and regaining consciousness at a later date. Therefore, testamentary capacity will be assessed at the ...

25 апр. 2024 г. · From a recent case resulting in a daughter winning a claim that her late father's will was invalid, we explore the difficulties associated ...

5 мар. 2021 г. · For a Will to be valid, a Will-maker must have sufficient mental capacity to make the Will. This is known as 'testamentary capacity'.

The leading authority on testamentary capacity is the judgment in the case of Banks v Goodfellow. This judgment remains the test in most common law ...

For example, a senior individual suffering from Alzheimer's disease, a middle-aged man who has suffered a head injury, or a woman who suffers from Schizophrenia ...

For example, an individual diagnosed with late-stage dementia may still possess testamentary capacity, while someone without dementia may lack it due to other ...

Testamentary capacity is a term used to describe the mental and cognitive ability that a person who makes a will (known as a 'will-maker' or 'testator') must ...