Capacity Issues in Will-Writing - Latest Guidance Explored

Introduction

This webinar reviews recent case law and highlights the problems which may arise and when, including the after-effects of legislation to deal with COVID-19.

It includes the latest Law Society guidance on capacity to make a will as well as the extent to which you are expected to identify potential lack of capacity, and how to approach the issue when it is in doubt.

What You Will Learn

This webinar will cover the following:

• When must capacity be shown?
• The common law test of incapacity in Banks v Goodfellow. What is an insane delusion? Clitheroe v Bond
• How does the Mental Capacity Act affect the Banks v Goodfellow test?
• What is capacity? What must T understand in order to demonstrate capacity?
• What is the relationship with Court of Protection jurisprudence? Baker v Hewston
• How do affective disorders affect capacity?
• What does the Law Society expect of the practitioner?
• How far does the Golden Rule apply? How far can the court rely on the experienced practitioner to make such decisions? Key v Key, Wharton v Bancroft, Hawes v Burgess
• Knowledge and approval of contents of will. Is there evidence of impropriety?
• Undue influence and the presence of beneficiaries while instructions are being taken
• The need to act speedily - Feltham v Freer Bouskell
• The effect of earlier wills
• What to do where capacity is already lost. The alternative of a statutory will where capacity is lacking. The test of capacity for a statutory will (re AB)

This pre-recorded webinar will be available to view from Wednesday 19th February 2025

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email [email protected] for more details.