Clitheroe, Re Probate

Clitheroe, Re Probate

The Banks v Goodfellow test remains the applicable standard for testamentary capacity in probate disputes; the Deputy Master was entitled to prefer Professor Jacoby's evidence that Jean suffered from an affective disorder impairing capacity; delusions need not be shown to be impossible to reason out if their fixed nature is otherwise established; the appeal on grounds relating to the legal test for capacity and expert evidence fails; grounds relating to delusions and factual findings are adjourned for further consideration.

Parties
Claimant/appellant: John Keith Clitheroe; Defendant/respondent: Susan Jane Bond
Jurisdiction
England and Wales
Judgment Date
04 May 2021
Procedural Posture
Probate Appeal / Appeal From Deputy Master Linwood's Order
Outcome
Appeal dismissed in part; grounds relating to legal test and expert evidence fail; grounds relating to delusions and factual findings adjourned for three months for parties to seek agreement.
Legal Topics
Testamentary Capacity, Delusions, Burden of Proof, Affective Disorder, Golden Rule, Statutory Interpretation
Probate Mental Capacity Family Law Testamentary Capacity Delusions Burden of Proof Affective Disorder Golden Rule +1 more

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Parties

John Keith Clitheroe

Claimant/appellant

Susan Jane Bond

Defendant/respondent

Procedural Posture

Probate Appeal / Appeal From Deputy Master Linwood's Order

Legal Issues

  1. 1 Whether the correct test for testamentary capacity is Banks v Goodfellow or the Mental Capacity Act 2005
  2. 2 Whether the Deputy Master misapplied the legal and medical test for delusions
  3. 3 Whether Jean Mary Clitheroe suffered from an affective disorder impairing testamentary capacity

Ratio Decidendi

The Banks v Goodfellow test remains the applicable standard for testamentary capacity in probate disputes; the Deputy Master was entitled to prefer Professor Jacoby's evidence that Jean suffered from an affective disorder impairing capacity; delusions need not be shown to be impossible to reason out if their fixed nature is otherwise established; the appeal on grounds relating to the legal test for capacity and expert evidence fails; grounds relating to delusions and factual findings are adjourned for further consideration.

Court Disposition

Appeal dismissed in part; grounds relating to legal test and expert evidence fail; grounds relating to delusions and factual findings adjourned for three months for parties to seek agreement.

Orders

  • Appeal on grounds 1, 4, 5, and 6 dismissed.
  • Appeal on grounds 2 and 3 adjourned for three months to allow parties to seek agreement or mediation.