Page 66 • The HERALD • 7th March 2024 v INDEPENDENT, LOCAL AND PROUD v ASK A PROFESSIONAL LJM Bookkeeping Services I provide a range of accounting and business services to individuals, partnerships, charities and small businesses. I am licenced through the Institute of Certified Bookkeepers for the following services. Bookkeeping, Computerised Accounting Software, Final Year End Accounts, Payroll Management, CIS, VAT, Self Assessment Tax for Individuals and Construction Industry Scheme, Statutory Accounts for Small Businesses including Corporation Tax and related submissions, Holiday cover can also be provided for, hourly rates charged. Please contact Lynda McIntyre Email: ljmbookkeepingservices@gmail.com Telephone: 07774 790543 Looking at Famous Cases: Banks v Goodfellow in the Spotlight Advice from Jasper Vincent Solicitors If you speak to any Wills and Probate lawyer, they will tell you that one of the most important legal cases in our area of Law is known as Banks v Goodfellow. e case dates back to the 1800s, but remains a leading authority on whether a person has enough mental capacity to make or update their Will. e case all stems from a disputed Will, the important facts were that Mr Banks had died, leaving behind a number of cottages he owned in the Lake District. Mr Banks had been mentally unstable at times during his life and had even spent time in, as the judge called it, “the county lunatic asylum”. However, at other times in his life, he had been quite stable and sane. Could his Will be set aside if it had been made during one of his less sane periods? e judgment in this case sets out a four stage test for whether a person is of sound enough mind to be able to make a Will: 1. ey must appreciate the general nature and consequences of making a Will; 2. ey must understand the extent of their property and assets that they have to give away; 3. ey must consider any moral claims to their estate (for instance who might ordinarily expect to inherit and whether cutting someone out might be unfair); and 4. ey must not be impacted by any “disorder of the mind” or “insane delusion”. Although the language of the judgement is a little old fashioned, the test still holds up today. Banks v Goodfellow, more than 150 years down the line, emphasises the importance of taking proper legal advice about Wills. All professionals drafting Wills today should refer to this mental capacity test to ensure that their Wills are not open to challenge. If you would like to make a Will, come and talk to one of our solicitors at Jasper Vincent. We will help you make sure that your wishes are respected and that your Will is hard to challenge.
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