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The elements of the Banks v Goodfellow test do not have to be possessed to the highest degree to ensure the validity of a will

5 May 2016

The recent case of Ramsay v Ramsey [2015] All ER (D) 32 illustrates the relevant weight the court places on different types of evidence in testamentary capacity cases, and reminds practitioners of the importance of the solicitor's record in cases concerning the validity of a will.

Background

Mrs Ramsey died in November 2010. She executed a will in 2006, providing for her estate to be divided equally between her surviving children. This was consistent with earlier wills, with her son Roynel being appointed an executor.

In 2008, Mrs Ramsey made a new and final will, which materially altered the terms of the 2006 will. She appointed her daughter Ericka as the sole executrix, who received a 50 per cent share of the estate. The remaining 50 per cent of her estate was divided between the other children, with Roynel only receivin...

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