According to Banks v Goodfellow [1870], what criteria must a testator meet to have capacity to make a valid Will?

• A. Understand they are making a Will, understand the effect, extent of their estate, and moral claims.
• B. Only the ability to write their name.
• C. Must pass a medical exam.
• D. Must have a specified minimum age.

Answer: (A)

The main idea tested is testamentary capacity—the mental ability to understand what you are doing when you make a Will. Banks v Goodfellow sets the test as requiring the testator to understand the nature and effect of making a Will, to know the extent of their property, and to understand the claims of those who might be expected to benefit from the estate. Capacity is judged at the time the Will is signed, and the testator must not be under insane delusions that would influence the disposition.

The correct statement captures all three elements: knowing they are making a Will and its effect, recognizing the size or extent of their estate, and understanding the moral claims on their bounty. The other options misstate the standard: writing a name alone isn’t enough, there’s no requirement for a medical exam, and there isn’t a fixed minimum age that substitutes for understanding the act and its consequences.