In the Banks v Goodfellow capacity test, what is included among the 'moral claims' the testator ought to consider?

• A. Moral claims they ought to consider.
• B. Moral duties of the executor.
• C. Legal obligations to dependents.
• D. Tax liabilities.

Answer: (A)

In Banks v Goodfellow, the capacity to make a will includes not only understanding the act and the property but also being able to take into account the moral claims of those who would reasonably expect provision from the Will. These moral claims are the expectations of close family, dependants, and others who rely on the testator or have a legitimate moral interest in how the estate is distributed. They are not about the executor’s duties, legal obligations to dependents, or tax liabilities. So the test focuses on recognizing and considering those moral claims when deciding how to dispose of assets.