Banks v Goodfellow
| Jurisdiction | England & Wales |
| Year | 1875 |
| Court | Queen's Bench Division |
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39 cases
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Michele Alexia Canham v Cutty Sark Land Company
...in section 3(1) of the Mental Capacity Act 2005 (England and Wales). In assessing testamentary capacity, he has regard to the test in Banks v Goodfellow (1869–1870) 5 LR QB 549 at 565: “ It is essential …that a testator shall understand the nature of the act and its effects; shall understan......
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The Poulton Family Trust Between: (1) Michele Alexia Canham (2) James Alexander Poulton (3) Nicholas James Poulton (4) James Michael Poulton (5) Daisy Elizabeth Houghton-Poulton Plaintiffs v (1) Cutty Sark Land Company (2) Deborah McMullan Poulton (3) Wilson Malcolm McMullan (4) Christine Jane McMullan (5) Cayman National Trust Company Ltd (6) CNT (Nominees) Ltd Defendants
...in section 3(1) of the Mental Capacity Act 2005 (England and Wales). In assessing testamentary capacity, he has regard to the test in Banks v Goodfellow (1869–1870) 5 LR QB 549 at 565: “It is essential … that a testator shall understand the nature of the act and its effects; shall understan......
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Jennifer Baker v Diane Hewston
...Introduction 1 This is a case which at a legal level is about the relationship between the common law test of testamentary capacity in Banks v Goodfellow (1870) LR 5 QB 549 and the Mental Capacity Act 2005 (‘MCA’). However, at a human level, it is about the impact of a deceased testator le......
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Hajna Moss v Michael Moss
...from influence of morbid delusions on the subject. 159 The Plaintiffs submit that the test of testamentary capacity was established in Banks v. Goodfellow (1870) LR 5 QB 549 where Cockbum CJ stated at pg. 565 of the judgment that” “It is essential to the exercise of such a power that a tes......
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1 firm's commentaries
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Your Life, Your Estate Plan, Your Choice
...your will is one of the elements of the legal test for capacity to make a will (as set out in the English case of Banks v. Goodfellow (1870) L.R. 5 Q.B. 549, the other elements being the ability to understand the nature and effect of making a will and the ability to understand the extent of......