Testamentary capacity

Topic preview

1. 01

   Banks v Goodfellow

   Say the Banks v Goodfellow test in full and break it into the three things the testator must understand.

2. 02

   Capacity at execution

   Explain why the key question is capacity at the moment the will is executed, not the person’s general medical condition.

3. 03

   Dementia and capacity

   A client has dementia. What do you say about capacity, and what extra facts do you need before advising on validity?

4. 04

   Lucid interval evidence

   Explain how a lucid interval can make a will valid, and what evidence you would want to support that conclusion.

5. 05

   MCA cross-check

   When, if at all, do you bring in the Mental Capacity Act 2005 when assessing testamentary capacity?

6. 06

   Capacity precautions

   What practical steps would you advise a solicitor to take if there is any doubt about capacity before taking instructions or executing the will?

7. 1 more building block

   The full topic unlocks with FLK2 Playbook, including the remaining prompts and answer-key marking.