Banks v Goodfellow
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division |
| Judgment Date | 1870 |
| Year | 1870 |
| Date | 1870 |
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395 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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Battan Singh and Others v Amirchand and Others
... ... claims of his relations, and if that forgetfulness was an inducing cause of his choosing strangers to be his legatees, the will is invalid: Banks v. Goodfellow ( 1870 ) L. R. 5 Q. B. 549 , 565; Harwood v. Baker ( 1840 ) 3 Moo. P. C. 282 ; Sivewright v. Sivewright's Trustees 1920 ... ...
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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......
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10 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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3 books & journal articles
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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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Undue Influence and Will Substitutes: Vitiating Transactions that Blur the Boundaries between Life and Death
...of an impairment of, or a disturbance in the functioning of, the mind or brain’: MentalCapacity Act 2005, s 2(1).57 Banks vGoodfellow (1870) LR 5 QB 549, 565.58 Ho vAtherton [2004] EWCA Civ 1554 at [34]; Simon vBarford [2014] EWCA Civ 280 at [40];Kicks vLeigh [2014] EWHC 3926 (Ch) at [27];......
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Some recent developments in case law.
...(NSW) s 5. (3) Succession Act 2006 (NSW) s 8. (4) Civil Liability Act 2002 (NSW) s 5O. (5) [2013] NSWSC 623. (6) [2012] NSWSC 1435. (7) (1870) LR 5 QB 549. Phillip McGowan, Accredited Specialist: Succession Law (Qld) Director, de Groots wills and estate...
