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United Kingdom testamentary capacityinsane delusions

Clitheroe v Bond

[2021] EWHC 1102 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court (Chancery Division)
Year2021
StatusBinding authority

Key Principle

The common-law test in Banks v Goodfellow, not the Mental Capacity Act 2005, governs testamentary capacity; and to invalidate a will on the ground of an insane delusion the false belief must be both irrational and fixed, the fixed nature being demonstrable in more than one way, not only by proving the testator could not be reasoned out of it.

Area of Law

General

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