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Should testamentary capacity be governed by the approach in Banks v Goodfellow1 or the Mental Capacity Act 2005 (“MCA”)? The Court of Appeal (the “Court”) had the opportunity to re-consider the application of Banks in light of the MCA, but declined to do so in their recent decision in Clitheroe v Bond [2021] EWHC 1102 … Read more
Next friends act on behalf of parties in legal proceedings who are not able to act themselves (for example, because of mental incapacity). In two recent decisions, the courts took the opportunity to reiterate the legal principles relating to the appointment and authority of a next friend and to make clear the capacity of a … Read more
The Grand Court of the Cayman Islands recently confirmed In the Matter of the O Trust (23 February 2018) that the legal test for establishing mental capacity for the exercise of an impugned legal power, in this case a reserved power under a discretionary trust deed, is the same as for the making of a … Read more
