Our articles are written by experts in their field and include barristers, solicitors, judges, mediators, academics and professionals from a range of related disciplines. Family Law provides a platform for debate for all the important topics, from divorce
and care proceedings to transparency and access to justice. If you would like to contribute please email
editor@familylaw.co.uk.
Trending articles
Reminder of the law of proprietary estoppel and testamentary capacity
© Copyright LexisNexis 2024. All rights reserved.
Private Client analysis: Is the test for testamentary capacity in a wills dispute the same as the mental capacity test under the Mental Capacity Act 2005 (MCA 2005)? The High Court has considered the two tests in James v James and others [2018] EWHC 43 (Ch) [2018] All ER (D) 124 as well as proprietary estoppel and the golden rule in an unsuccessful claim against the deceased estate. Matthew Duncan consultant at Druces considers the judge’s analysis of the issues.
What are the practical implications of this case?
James v James and others concerned a claim that arose following the death of Charles James on 27 August 2012. It concerned a proprietary estoppel claim and a challenge to the deceased’s will on the ground of lack of testamentary capacity. Both claims failed.
The case is a useful reminder of the law of proprietary estoppel consideration of the traditional test of testamentary capacity as set out in Banks v Goodfellow (1870) LR 5 QB 549 and whether the more recent MCA 2005 applies a different test. There is also a further judicial reminder of the need to follow...
Read the full article here.
