Introduction to Wills and Intestacy

Sarah is a solicitor at Harrison & Sons in Manchester. She is taking instructions from an 82-year-old client, Mrs. Chen, who wishes to make a new will leaving her entire estate to a charity. Mrs. Chen was recently diagnosed with early-stage dementia but appears to understand the discussion. Sarah explains the test for testamentary capacity from Banks v Goodfellow: the testator must understand the nature of making a will and its effects, comprehend the extent of their property, appreciate the claims of those who might expect to benefit, and have no disorder of mind that poisons their affections or perverts their sense of right.