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 In James v James [2018] WTLR 1313, I held that the traditional test still applied, and had not been replaced by that contained in the Mental Capacity Act 2005.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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Full judgment: BAILII


Date: 12/12/19🔍

Court: High Court (Chancery Division)🔍



  • Michael James Todd🔍
  • Alexandra Deborah Louise Parsons🔍
  • David Patrick Christopher O'Hagan🔍
  • Elizabeth Jane Todd🔍

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Published: 14/12/19 23:57

Cached: 2024-04-25 11:13:52