The application of the law relating to testamentary capacity has been reaffirmed in a judgement recently handed down by the High Court in the case of Clitheroe v Bond.
The late Jean Clitheroe left her estate (thought to be in the region of £350,00.00 – £400,000.00 although the sum genuinely in dispute is materially less than this) to her son, John. Her daughter, Sue Bond, a bank manager from Essex had been omitted from her Will entirely. Her omission being borne out of “delusions” regarding her daughters conduct, such delusions included the theft of her books and other items and the belief that her daughter was a “shopaholic” who would “fritter away” any money left to her.
At first instance Deputy Master Linwood refused to admit either of Ms Clitheroe’s two Wills to probate on grounds of incapacity. He found she was suffering from an affective disorder which included a complex grief reaction, “insane delusions” and persisting depression following the death of her eldest child from cancer. Bond’s brother appealed the decision arguing that the Deputy Master applied the wrong approach for determining whether his mother had capacity to make either Will. Mr Justice Falk confirmed that the correct test for assessing whether a testator has capacity remains as set out in the long established doctrine in Banks v Goodfellow.
Why is this case significant?
This judgment has solidified the Courts stance regarding the manner in which testamentary capacity should be assessed. In my view, this aids in advising testators what they should be doing to ensure their wishes are upheld should the validity of their Will ever be called into question.
Mr Justice Falk also intimated concerns about the costs of litigation and the detrimental impact this could have on the family, having further reaffirmed the application of the law on testamentary capacity one hopes that disappointed beneficiaries receive clear advice regarding the merits of their claim before embarking on lengthy and costly litigation.
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