Who bears the burden of proving lack of testamentary capacity in Banks v Goodfellow?

• A. The person opposing the Will
• B. The testator
• C. The executor
• D. The probate officer

Answer: (A)

The main point is that the person challenging a will bears the burden of proving lack of testamentary capacity. Under Banks v Goodfellow, a valid will depends on the testator understanding the nature and effects of making the will, knowing the extent of their property, and appreciating the claims of those who might reasonably expect to benefit, without being influenced by a mental disorder or delusion. Because a will is presumed valid, the challenger must adduce evidence to show that, on the balance of probabilities, the testator lacked those core capacities at the time the will was made. The burden does not lie on the testator, the executor, or the probate officer.