What is Banks V Goodfellow 1870?
The outcome of contested Will in 1870 is the standard to be used in order to ascertain testamentary capacity. I.E. The ability of a person to make a valid Will.
It was decided that for a Testator (or Testatrix) to make a valid Will the following, must apply.
The Testator must:
1. understand the nature and effect of the document being signed;
2. understand the nature and extent of the assets involved;
3. understand the people who may have “moral claims” on the estate; and
4. not be suffering from a “disorder of the mind [that] poisons the Testator’s affections, perverts his sense of right or prevents the exercise of his natural faculties – that no insane delusion shall influence his will in disposing of his property and bring about a disposal of it which, if the mind had been sound, would not have been made.”