Banks v Goodfellow
The classic test for testamentary capacity. A person can have mental illness and still make a valid will if the illness does not affect the will decision.
Cases teach principles
What courts have looked for
Case examples help explain evidence and legal principles. They do not decide another family's facts.
Examples are not outcomes
Case examples show how courts reasoned on particular facts. They do not prove that another will is valid, invalid, influenced, fraudulent, or unfair. Use them to understand evidence themes, then get advice on the real documents and jurisdiction.
Jurisdiction and source note: most case examples on this page are England and Wales authorities or UK Supreme Court material. Check the court, judgment date, appeal status, and current local route before comparing them with Scotland, Northern Ireland, or a live dispute.
Hughes v Pritchard [2022] EWCA Civ 386
Solicitor evidence and medical evidence both matter. The golden rule is good practice, not automatic proof.
Rea v Rea [2024] EWCA Civ 169
Undue influence requires strong evidence of coercion. Frailty, opportunity, and an unfair-looking result may not be enough.
Edwards v Edwards [2007] EWHC 1119 (Ch)
Fraudulent calumny: false poisonous stories about a natural beneficiary can help invalidate a will if the proof is strong.
Hawes v Burgess [2013] EWCA Civ 74
Suspicious circumstances and the solicitor's role can be important when knowledge, approval, and capacity are disputed.
Ilott v The Blue Cross [2017] UKSC 17
Family provision claims are not the same as proving a will invalid.
Case source links
- Banks v Goodfellow (1870) LR 5 QB 549 summary
- Hughes v Pritchard [2022] EWCA Civ 386
- Rea v Rea [2024] EWCA Civ 169
- Edwards v Edwards [2007] EWHC 1119 (Ch)
- Hawes v Burgess [2013] EWCA Civ 74
- Ilott v The Blue Cross and others [2017] UKSC 17
Source note: The National Archives and Supreme Court links are source documents or official case pages. A short website summary should never replace reading the judgment with professional advice.