Formalities Cases Flashcards
Banks v Goodfellow
Wealthy man who had mental illness of epilepsy and delusions made a will that left entire estate to niece.
Heir challenged the case he was not of sound mind.
Found that he had sound mind
Testator must:
- understand the nature of the act of making a will and its effects
- understand the extent of property
- be aware of natural objects of their bounty
- comprehend and appreciate claims of objects
- be free from delusions or hallucinations
Barrett v Bem
Left everything in will to his sister who he appointed executor
Sister died obtained probate of will and her daughter was appointed her executor
The evidence of the witnesses of the will was not reliable - mistaken and in support of
Signature invalid
Hudson v Hathway
Unmarried couple, bought house in both names no declaration of trust or mortgage. Male partner left with wife and son in house and paid mortgage from joint account
Timpson’s executors v Yerbury
Wintle v Nye
