Thank you for your question
My name is Clare
I shall do my best to help you but I need some further information first
Could you explain a little more about what you need to know
There are various Acts of Parliament involved - it would help if I knew which part of the law you wish to know about?
My apologies for the delay
The test for Testamentary Capacity was in fact set out in a Court case in a court case in the 1800"s
It was the case of Banks v Goodfellow (1870), which sets out that a testator has capacity if
(1) he understands the nature of making a Will and its effects;
(2) he understands the extent of the property of which he is disposing; and
(3) he is able to comprehend and appreciate the claims to which he ought to give effect and is not affected by any disorder of the mind that influences his will in disposing of his property.
Please ask if you need further details
So this is actually a homework question and you do not wish to do the small amount of research involved?
Is this for an ongoing case - if so what is the actual issue that you are arguing.
There has been no change in the basic law regarding Testamentary capacity despite the perceived possible impact of the Mental Capacity Act 2012
What exactly do you mean in this regard - bearing in mind you are asking about England and Wales?
There is none in England and Wales - unless you are referring to the Inheritance (provision for Family and Dependants) Act?
Not via legislation but case law has of course enabled it to evolve
What is the exact nature of the issue in your case and I will try and find something relevant
The only limitation of Testamentary Freedom in England relates to the proper provision for dependants
This has been explored in a number of cases involving unmarried partners; unprovided for children and promises made during the lifeo f the Testator
I need to know the circumstances of your case in order to find the relevant case law.
Thank you that was what I needed to know.
How old are the children and how much is the Estate worth?
I note that you are not happy with my service
I need the extra details in order to ensure that I find the correct references for you.
They will be different if the children are over 18.
In addition the value of the estate will play a large part in the outcome
However if in fact this is not a real life case then say so - and i will give you a list of general cases to look at
Right - we can work with that!
IN England and Wales we do have Testamentary Freedom - unlike the Scots for example
However the Inheritance (Provision for Family and Dependants ) Act 1975 means that the Court can alter the provisions of a Will to ensure that proper provision is made for
anyone who was reliant on the deceased in any way
The basics are set out here
This next article is about cases involving spouses
There are various cases quoted there which you can then follow through with and find other articles on them
is also relevant.
I hope that these help
It has been amended - and the amendments are here
It clarifies rather than changes the provisions
Wills Act 1837
Whilst I do not usually help with "homework" questions in this case I am happy to complete our discussions - I was just not sure what you were referring to with the last one!
On this subject?
Sorry that is not my area