Estate planning: Testamentary capacity in the spotlight

A common ground for contesting a will is mental capacity. It is often deployed by disinherited family members to set aside a will. So, what is the test for mental capacity, how does it work in practice, and why are contemporaneous medical assessments important? What is the correct test? The common law test is found in Banks v Goodfellow (‘Banks') which has been the position for 150 years, albeit with some tweaks to accommodate modern notions of mental health and capacity. However, a second test introduced under the Mental Capacity Act 2005 in 2007 has polarised the debate between Court...