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United Kingdom
testamentary capacityknowledge and approval
Leonard v Leonard
[2024] EWHC 321 (Ch)
Key Principle
The test for testamentary capacity remains the common-law rule in Banks v Goodfellow, which is not superseded by the Mental Capacity Act 2005 (the statutory test serving at most as a cross-check), and a will may fail both for want of capacity and for want of knowledge and approval where the testator did not understand and approve its contents.
Area of Law
General
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