Clitheroe, Re Probate [2021] EWHC 1102 (Ch) (04 May 2021)

Clitheroe, Re Probate [2021] EWHC 1102 (Ch) (04 May 2021)

The Banks v Goodfellow test remains the governing legal standard for testamentary capacity in probate; the Mental Capacity Act 2005 does not override the common law test for retrospective assessment of capacity to make a will. The Deputy Master did not err in law in applying the Banks test or in his approach to delusions.

Citation
[2021] EWHC 1102 (Ch)
Parties
Appellant: John Keith Clitheroe; 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
Legal Topics
Testamentary Capacity, Delusions, Mental Capacity Act 2005, Banks V Goodfellow Test, Burden of Proof, Golden Rule in Will Preparation
Probate Mental Capacity Wills and Estates Testamentary Capacity Delusions Mental Capacity Act 2005 Banks V Goodfellow Test Burden of Proof +1 more

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Parties

John Keith Clitheroe

Appellant

Susan Jane Bond

Respondent

Procedural Posture

Probate Appeal / Appeal From Deputy Master Linwood's Order

Legal Issues

  1. 1 Whether the Banks v Goodfellow test or the Mental Capacity Act 2005 test governs testamentary capacity
  2. 2 Whether the Deputy Master misapplied the legal and medical test for delusions
  3. 3 Whether the Deputy Master correctly interpreted and applied the test for testamentary capacity

Ratio Decidendi

The Banks v Goodfellow test remains the governing legal standard for testamentary capacity in probate; the Mental Capacity Act 2005 does not override the common law test for retrospective assessment of capacity to make a will. The Deputy Master did not err in law in applying the Banks test or in his approach to delusions.

Court Disposition

Appeal dismissed

Orders

  • Deputy Master's order refusing to admit the 2010 and 2013 wills to probate is upheld
  • Costs provisions stayed pending further applications