Monday Feb 06, 2023
Banks V Goodfellow
This case from 1870 remains important for Estate Planners to understand and be able to apply. It provides the test for mental capacity as it relates to writing a will. This episode covers the details of the case and the four-part test that was established by the court.
2 years ago
Hi Anthony, another excellent episode. Could you please clarify, you state if the will is upheld, Edward Goodfellow (son from second marriage) would inherit. If the will fails, John Banks Jnr (half nephew) would inherit. But isn’t it the case that if the will is upheld, the niece, Margaret Banks Goodfellow inherits? Have I misinterpreted what you have said, as you say it is more complex without sight of the family tree. Best regards Mike Shield