Animus testandi

Capacity

Burden of proof

Court of Protection

Diminished, execution by testator

Full, instructions by testator

Lack of

Standard of proof

Capacity, test for

Application in Banks v Goodfellow

Delusions

Effects of dementia

Facts that must be proven

Generally

Choice of claim, suspicious circumstances or coercion

Coercion

Due execution requirement –

Essential

Executed outside England and Wales

Forgery

Formal

Fraud

Overlap between lack of capacity and want of knowledge and approval

Requirements

Substantive

Considerations

General requirements

Generally

Suspicious circumstances

Choice of claim

Generally

Undue influence

Full particularisation

Generally

Non-commercial relationship

Standard of proof

Unsuccessful allegation

Want of knowledge/approval

Witnesses – competence issues

Blindness

Generally

Mental incapacity

Minors