Where are we now with the test for mental capacity in will making?

Aim

To examine the concepts of ‘mental capacity’ under the common law and the Mental Capacity Act 2005 with the help of recent cases to establish the current position.

Outcome

Participants will be able to use relevant tools in the assessment of mental capacity to make a will.

Agenda

• The Banks v Goodfellow (1870) LR 5 QB 549 test
• The wording of the Mental Capacity Act 2005
• How the courts have compared and contrasted the two
• The useful case of Baker v Hewston [2023] EWHC 1145
• Suggested approach to be adopted by practitioners