Re Beaney, decd
| Jurisdiction | England & Wales |
| Date | 1978 |
| Court | Chancery Division |
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87 cases
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Kenneth Paul King v James Dubrey and Others
...that for making a will. The donor must understand the extent of the property to be disposed of and the claims of all potential donees; see In Re Beaney [1978] 1 W.L.R. 770. DMC: the facts 17 Mr Kenneth King is aged 58. He has had a somewhat chequered career. He was made bankrupt in 1990 and......
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Michele Alexia Canham v Cutty Sark Land Company
...of understanding required in relation to a particular transaction, the following observations of Martin Nourse QC (as he then was) in Re Beaney [1978] 1 WLR 770 at 774e-f (which I cited with approval in Re O Trust [ 2018 (1) CILR 59] at paragraph 37) were commended to the Court: “In the ca......
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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
...of understanding required in relation to a particular transaction, the following observations of Martin Nourse QC (as he then was) in Re Beaney [1978] 1 WLR 770 at 774e-f (which I cited with approval in Re O Trust [ 2018 (1) CILR 59] at paragraph 37) were commended to the Court: “In the ca......
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Wong, Wen-Young v (1) Grand View Private Trust Company Ltd, (2) Transglobe Private Trust Company Ltd
...the English and Taiwanese test for capacity. The leading case remains the decision of Martin Nourse QC (as he then was) in Re Beaney [1978] 1 W.LR. 770, where the position was stated as follows (at p.774): ‘In the circumstances, it seems to me that the law is this. The degree or extent of ......
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2 firm's commentaries
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Of Sound Mind And Memory: New Guidance For Trustees Regarding Settlor Capacity In The Cayman Islands
...FSD 199 of 2015, Kawaley J, 19 January 2018. 2 Unreported, FSD 199 of 2015, Clifford J, 28 October 2016 3 Citing In re Beaney [1978] 1 W.L.R 770. 4 This is consistent with the decision of the Honourable Chief Justice in In re Lindzon (deceased) 19 February 2015 5 (1870) LR 5 QB 549 6 RDK ha......
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Addressing Mental Capacity: Law, Pitfalls & Best Practices
...is no test or formula set out in the MHA to determine Mental Incapacity. Giving a Lifetime Gift The leading case of Re Beaney (Deceased) [1978] 1 WLR 770 sets out the test of capacity to make a gift, and states that capacity to make a gift will vary depending on the size, nature and circums......
4 books & journal articles
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Table of Cases
...NHS Trust (Warley Hospital) and Arthur [1998] EWCA Civ 1347 135, 136 Barnet v Shah [1983] 2 AC 309 192 Beaney (deceased), Re [1978] 2 All ER 595 227 Blouet v Bath and Wansdyke Magistrates’ Court [2009] EWHC 759 (Admin) 101 Boughton v Knight (1873) LR 3 PD 64 227 C, Re [1994] 1 WLR 290 86 C ......
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Mistaking theft: Dishonesty ‘turns over a new leaf’
...(2) the dishonestydoctrine exculpates only if the defendant’s conduct is objectively honest according to community95. In re Beaney, Decd [1978] 1 WLR 770; Williams v Williams [2003] EWHC 742(Ch).96. It is still a contentious issue whether the actus reus of theft should include ‘without cons......
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Mental Capacity Act 2005 - Overview
...4.32): • the capacity to make a will ( Banks v Goodfellow (1870) LR 5 QB 549); • the capacity to make a gift ( Re Beaney (deceased) [1978] 2 All ER 595); • the capacity to enter a contract ( Boughton v Knight (1873) LR 3 PD 64); • the capacity to litigate ( Masterman-Lister v Brutton & Co a......
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David Cooper: a case study in financial abuse
...to Legal Action Group, Community Care Conference 14 July 2010.R v Crabb [2009].R v Hinks (2000) 4 All ER HL.Re Beaney (Deceased) (1978) 2 All ER 595.Savill R (2009) ‘Couple tricked farmer of £1m property’, The Telegraph, 13 March 2009.Solicitors for the Elderly (2010) A Strategy for Recogni......