Vikram Sachdeva QC and Jack Anderson obtain permission to appeal in the matter of Clitheroe v Bond [2020] EWHC 1185 (Ch)

Vikram Sachdeva QC and Jack Anderson obtain permission to appeal in the matter of Clitheroe v Bond [2020] EWHC 1185 (Ch)


CategoryNews Author Vikram Sachdeva QC, Jack Anderson Date

Vikram Sachdeva QC, leading Jack Anderson, and Ruth Hughes of 5 Stone Buildings, instructed by Nicola Bushby of Irwin Mitchell, have  obtained permission to appeal from Mrs. Justice Falk in the matter of Clitheroe v Bond [2020] EWHC 1185 (Ch) . Amongst other things, one of the grounds on which permission has been granted includes the contention that the proper test for testamentary capacity is that under the Mental Capacity Act 2005, with a presumption of capacity, rather than pursuant to the test in Banks v Goodfellow (1870) LR 5 QB 549, which transfers the burden of proving capacity to the person who claims the will is valid, if a real doubt is raised. The outcome of this appeal may have a significant effect on the validity of wills generally and is therefore of considerable general importance.

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