Testamentary Capacity: Time for a change?
Falk J has recently handed down her decision in Clitheroe v Bond [2021] EWHC 1102 (Ch), which raises fundamental questions regarding testamentary capacity, and in particular whether the Banks v Goodfellow test should be replaced by the test in the Mental Capacity Act 2005, as well as clarifying the test for insane delusions and the role of fixed false beliefs. In this webinar, Sir James Munby, former President of the Family Division and of the Court of Protection, chairs a discussion on the issue.
The following join Sir James Munby:
Penelope Reed QC – 5 Stone Buildings
Vikram Sachdeva QC – 39 Essex Chambers
Victoria Butler-Cole QC – 39 Essex Chambers
Nicola Bushby – Irwin Mitchell LLP
Alex Ruck Keene – 39 Essex Chambers
Jack Anderson – 39 Essex Chambers
Ruth Hughes – 5 Stone Buildings