Banks v Goodfellow
| Jurisdiction | England & Wales |
| Judgment Date | 1870 |
| Date | 1870 |
| Year | 1870 |
| Court | Queen's Bench Division |
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430 cases
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Hubert Martells v Ena McClarty and Michael Knight (Executors of estate Canute Martells)
...that time proves to be two years after the will was signed. 40 Mr. Codlin brought to my attention the cases of Broughton v Knight and Banks v Goodfellow at [1861– 1873] All E. R. Rep pages 40 and 47 respectively, in support of the proposition that the will ought to be set aside. These cases......
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Melbourne Smith and Lillian Brown v Elridge Brown
...capacity. In support of her contention, learned Counsel relied onArthur v Bokenham [1708] 11 MOD RAP 148; Banks v Goodfellow [1870] LR 5 QB 256; O'Connell v Shortland [1989] 515 ASR 37 and Goode v Carapeto & Goode [2002] WTLR 801 at 841. 10 Learned Counsel Ms. Bradshaw referred toBanks v Go......
- Khaw Cheng Bok and Others v Khaw Cheng Poon and Others
- Re M B (Caesarian section)
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12 firm's commentaries
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Challenging the essential validity of a will
...(NSW) s 9; Interpretation Act 1987 (NSW) s 21(1). 8 Whyte v Pollok (1881) 7 App Cas 400, 405 (Lord Selbourne LC). 9 Banks v Goodfellow (1870) LR 5 QB 549, 565 (Cockburn LCJ); for recent restatements of the test, see Carr v Homersham [2018] NSWCA 65 (3 April 2018) [5] (Basten JA); Read v Car......
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Challenging the essential validity of a will
...(NSW) s 9; Interpretation Act 1987 (NSW) s 21(1). 8 Whyte v Pollok (1881) 7 App Cas 400, 405 (Lord Selbourne LC). 9 Banks v Goodfellow (1870) LR 5 QB 549, 565 (Cockburn LCJ); for recent restatements of the test, see Carr v Homersham [2018] NSWCA 65 (3 April 2018) [5] (Basten JA); Read v Car......
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Clitheroe v Bond [2020] - Testamentary Capacity Revisited?
...to determine testamentary capacity has long been established under the principles set out in the seminal case of Banks v Goodfellow (1870) LR 5 QB 549, under which a testator must The nature and effect of a Will The general extent of their estate that they are disposing of under the Will Th......
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Testamentary Capacity an old rule continues to hold true
...of attorney and superannuation binding death benefit nominations are being made. The classical test of capacity from Banks v Goodfellow (1870) LR 5 QB 549 remains relevant, being reaffirmed in a number of modern cases including by Hallen J in the NSW Supreme Court decision of The Estate of ......
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13 books & journal articles
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Table of Cases
...(1869) LR 1 P&D 665, 33 JP 440, 20 LT 404 71 Austin v Woodward [2011] EWHC 2458 (Ch), [2012] WTLR 559 2, 120 Banks v Goodfellow (1870) LR 5 QB 549, 39 LJQB 237, 22 LT 813, Ct of QB 42, 47, 48, 49, 53, 55, 56, 57, 60, 61, 62, 229 Barclays Bank Ltd v Quistclose Investments [1970] AC 567, [196......
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Table of Cases
...Ashingdane v UK (Application No 8225/78) [1985] ECHR 8 247 B v Croydon Health Authority [1995] 1 All ER 683 85, 86 Banks v Goodfellow (1870) LR 5 QB 549 227 Barker v Barking, Havering and Brentwood Community Healthcare NHS Trust (Warley Hospital) and Arthur [1998] EWCA Civ 1347 135, 136 Bar......
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The Rise of Statutory Wills and the Limits of Best Interests Decision‐Making in Inheritance
...Kerridge, ibid; R. Kerridge, Parry and Kerridge: the Law of Succession (London: Sweet & Maxwell,12th ed, 2009).12 Banks vGoodfellow (1870) LR 5 QB 549. The Banks vGoodfellow test for testamentary capacitysurvived the Mental Capacity Act 2005, although the two tests are closely linked, and a......
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A TALE OF TWO CAPACITIES
...the late Joyce Jean Cole [1995] NSWSC 87 at [143] and [147]. 3 Ashkettle v Gwinnett [2013] EWHC 2125 (Ch) at [42]. 4 Banks v Goodfellow (1870) LR 5 QB 549. It is well known that medical practitioners have difficulties with the legal tests for testamentary capacity. However, it is outside th......
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