Clitheroe v Bond [2021] EWHC 1102 (Ch)

Testamentary capacity and delusions (1) It was not in the interests of justice to allow the question whether testamentary capacity should be determined using the MCA test rather than the Banks v Goodfellow test to be raised on appeal (though the judge would have concluded that the Banks test continues to apply). (2) In relation to delusions (part of the Banks test): "In order to establish whether a delusion exists, the relevant false belief must be irrational and fixed in nature. It not an essential part of the test that it is demonstrated that it would have been impossible to reason the relevant individual out of the belief if the requisite fixed nature can be demonstrated in another way, for example by showing that the belief was formed and maintained in the face of clear evidence to the contrary of which the individual was aware and would not have forgotten."

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Full judgment: BAILII


Date: 4/5/21🔍

Court: High Court (Chancery Division)🔍

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Published: 6/5/21 21:14

Cached: 2024-04-21 20:06:20