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Banks v Goodfellow remains good law and has not been superseded by the Mental Capacity Act 2005 (Clitheroe, Re Probate)

Banks v Goodfellow remains good law and has not been superseded by the Mental Capacity Act 2005 (Clitheroe, Re Probate)
Published on: 07 May 2021
Published by: LexisPSL
  • Banks v Goodfellow remains good law and has not been superseded by the Mental Capacity Act 2005 (Clitheroe, Re Probate)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Private Client analysis: Banks v Goodfellow remains good law and the test for assessing testamentary capacity. Mrs Justice Falk ruled that Banks applies and was not swept away by the Mental Capacity Act 2005 (MCA 2005). The court also provided further guidance on the legal definition of a delusion, stating that the false belief must be both irrational and fixed. To establish whether the false belief is a delusion, there should be a holistic assessment of all the evidence. Written by Rachel Leech, associate solicitor at Birkett Long LLP. or take a trial to read the full analysis.

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