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The test for capacity: Banks v MCA 2005

Chun Wong

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

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Whose tenancy is it anyway?

Chun Wong

Posted by Chun Wong | Partner
On 23rd January 2018

Last night on Eastenders we saw the inevitable break up of Martin and Stacey’s relationship which had been brewing since Christmas when she cheated on her husband.

A violent showdown between the two ended with Martin throwing Stacey out of their home declaring that “I gave you everything. You ain’t having the kids and you ain’t having this house”.

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Are appeals more appealing?

Chun Wong

Posted by Chun Wong | Partner
On 17th January 2018

When I first started in private practice over 10 years ago, appeals were rare creatures but in recent years I have noted a spike in the number of cases which are appealed.

According to the Judicial and Court Statistics 2011 report published by the Ministry of Justice in the Court of Appeal alone there were 3758 applications which was an increase of 12% from 2010 and at the highest level since 2005.

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