Mental Capacity To Make A Will

In this video I talk about the need to have mental capacity when making a Will, the test for whether a person has capacity, set out in Banks v Goodfellow (1870) and I compare that with the Mental Capacity Act 2005. I also talk about a relatively modern case, Walker and Badmin [2015] in which the Court confirmed that the correct test for mental capacity when making a Will was in Banks v Goodfellow, and why. I go on to talk about the "Golden Rule" which determines when a medical practitioner should be present when someone makes a Will, and some of the criticism around the "Golden Rule". If you have any questions about mental capacity and making a Will please ask me. You can reach me by using one of the links on the ABOUT page. To see all my content and for new videos each week please hit the SUBSCRIBE button. Thank you for watching!