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United Kingdom
testamentary capacityinsane delusions
Clitheroe v Bond
[2021] EWHC 1102 (Ch)
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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