Test for testamentary capacity: not a test of memory and not extending to understanding collateral consequences (Court of Appeal) | Practical Law

Test for testamentary capacity: not a test of memory and not extending to understanding collateral consequences (Court of Appeal) | Practical Law

Dismissing an appeal from the High Court, the Court of Appeal held that the test for testamentary capacity depended on potential capacity to understand and was not to be equated with memory.  Nor did it extend to understanding the collateral consequences of testamentary dispositions (Simon v Byford and others [2014] EWCA Civ 280).

Test for testamentary capacity: not a test of memory and not extending to understanding collateral consequences (Court of Appeal)

by Practical Law Private Client
Published on 17 Apr 2014 • England, Wales
Dismissing an appeal from the High Court, the Court of Appeal held that the test for testamentary capacity depended on potential capacity to understand and was not to be equated with memory. Nor did it extend to understanding the collateral consequences of testamentary dispositions (Simon v Byford and others [2014] EWCA Civ 280).