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Drilldown: Cases

So far 264 cases have been added to the database, out of 2089 total cases on the website. To see the full list of cases go to the Mental health case law page.

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Cases > Parties: Michael James Todd & Court : High Court (Chancery Division) or Magistrates' Court or Northern Ireland High Court

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Page name Sentence Summary
Todd v Parsons (2019) EWHC 3366 (Ch)

Testamentary capacity

"The claim was opposed by the third defendant, challenging that will on the grounds of lack of testamentary capacity, want of knowledge and approval and undue influence. ... The traditional test for capacity is that laid down in Banks v Goodfellow (1870) LR 5 QB 549 ... In James v James [2018] WTLR 1313, I held that the traditional test still applied, and had not been replaced by that contained in the Mental Capacity Act 2005. Neither party argued before me that the test should now be that contained in the 2005 Act, although the third defendant reserved the right to argue otherwise on appeal. ... In my judgment the 2008 will is valid."

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