Capacity Issues in Will-Writing - The Latest Guidance for Private Client Professionals

Introduction

This webinar reviews recent case law and highlights the problems which may arise and when, including the after-effects of legislation to deal with COVID-19.

It includes the latest Law Society guidance on capacity to make a will as well as the extent to which you are expected to identify potential lack of capacity, and how to approach the issue when it is in doubt.

What You Will Learn

This webinar will cover the following:

• Recent case law on what constitutes incapacity and the relationship between the common law test of Banks v Goodfellow and the Mental Capacity Act 2005 (re Walker deceased, Simon v Byford)
• Recent cases as to what constitutes capacity (James v James, Goss-Custard v Templeman, Clitheroe v Bond)
• The duty on the practitioner - the Golden Rule (Key v Key), the extent of the duty on the practitioner to observe it (Wharton v Bancroft and Hawes v Burgess), and the duty to act speedily (Feltham v Freer Bouskell)
• Factors which may influence capacity - lockdown wills, effect of bereavement (Key v Key, Hughes v Hughes, re Wilson), depression (re Stolkin, Jeffery v Jeffery), drugs and alcohol (Chana v Chana)
• Law Society guidance on capacity to make a will
• The related areas of undue influence, and want of knowledge and approval of the contents of the will (Hart v Burbridge, Poole v Everall)
• The alternative of a statutory will where capacity is lacking
• The test of capacity for a statutory will (re AB)
• When it might be appropriate
• What the Mental Capacity Act and subsequent case law says about the contents of such a document

This webinar was recorded on 9th October 2023