Posted by Chun Wong | Partner
On 19th February 2018
One of the grounds in which a Will can be challenged is lack of capacity.
The test for capacity was established as far back as 1869 in the case of Banks v Goodfellow, which set out a 4 limb test:
a) Did the deceased understand that they were making a will and the effects
b) Did the deceased understand the extent of their estate
c) Did the deceased understand as to those who would have claims on the estate
d) Was the deceased impaired by any disorder of the mind or delusions