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United Kingdom testamentary capacityknowledge and approval

Leonard v Leonard

[2024] EWHC 321 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2024
StatusPersuasive authority

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The test for testamentary capacity remains the common-law rule in Banks v Goodfellow, which is not superseded by the Mental Capacity Act 2005 (the statutory test serving at most as a cross-check), and a will may fail both for want of capacity and for want of knowledge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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