In this case law update video, Kate Selway KC is in conversation with Edward Hicks, who acted as junior counsel for the successful respondent before Mrs Justice Falk in Clitheroe v Bond [2021] EWHC 1102 (Ch), on appeal from the decision of Deputy Master Linwood at trial pronouncing against two wills of the deceased for want of testamentary capacity ([2020] EWHC 1185 (Ch)). The appeal considered, amongst other things, whether the test for capacity in Banks v Goodfellow had been replaced by the test for capacity in the Mental Capacity Act 2005.
Recorded on 25 May 2021.