Capacity, clarity, contradictors and civil procedure

QLS PROCTOR – Capacity, clarity, contradictors and civil procedure

Posted Posted in Queensland Law Society Proctor Magazine

For succession lawyers mental capacity issues extend far beyond the requirement for a mere will. These days clients have any number of complex asset classes undertaking any number of decisions in giving effect to a succession plan. Accordingly, there is a broad range of mental capacity contexts that must be considered, from engagement and instructions, […]

Banks v Goodfellow sesquicentennial – Is there anything new under the sun?

QLS Proctor – Banks v Goodfellow sesquicentennial – Is there anything new under the sun?

Posted Posted in Queensland Law Society Proctor Magazine

This year marks 150 years since Banks v Goodfellow [1870 LR 5 QB 549 (Eng.)] was determined. In all this time, it has been the classic statement of law on the question of testamentary capacity. It seems almost trite to recite the ratio: “It is essential to the exercise of such a power that a testator […]