Which statement about the Banks v Goodfellow (1870) test is accurate?

• A. A court will presume a testator has mental capacity to make a Will and the person opposing the Will must prove lack of capacity at the time the Will was made
• B. The testator's lack of capacity must be proven by medical evidence in every case
• C. Lack of capacity is irrelevant to Will validity
• D. The testator's capacity is presumed only for those over 80

Answer: (C)

Testamentary capacity under Banks v Goodfellow means the testator must understand the nature of making a will and its effects, the extent of the property, the claims of those who might be expected to benefit, and the moral obligations to consider those beneficiaries. There is a general presumption that the testator had capacity at the time the will was made, and the burden lies on the person challenging the will to prove lack of capacity on the balance of probabilities. Medical evidence is not required in every case; lack of capacity can be established through other evidence such as the testator’s actions, statements, and conduct at the time of execution. The idea that lack of capacity is irrelevant to will validity is not accurate—if there is evidence of lack of capacity, the will can be invalid. There is no age-based rule that capacity only applies to those over 80.