Banks v Goodfellow (1870): Defining Testamentary Capacity

Brook, Juliet

doi:10.5040/9781509919031.ch-004

Cited by 1 publication

(1 citation statement)

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“… 12 Indian Succession Act, 1925 assumes that anyone is competent to get into a contract but must be of legal age, sound mind, and willing to do so has a testamentary capacity. 13 The Banks vs. Goodfellow criteria 14 can be used to assess an individual’s testamentary capacity. It comprises the following items: (a) understanding the nature of the act of making a will and its consequences; (b) understanding the extent of one’s assets; (c) understanding and appreciating the claims of those who may expect to benefit from the will, both those to be included and those to be excluded; (d) recognizing the impact of the distribution of the estate’s assets; and (e) the testator is free of any mental illness or delusions that might influence asset disposition.…”

Section: Financial and Testamentary Capacitymentioning

confidence: 99%

Assessment of the Financial Capacity in Elderly: Approach and Challenges in Indian Scenario

Chithra

Harbishettar

Gowda

et al. 2021

Indian Journal of Psychological Medicine

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The elderly population, with those individuals above the age of 60 years, is increasing exponentially, attributable to higher life expectancy as a result of improved health care, socioeconomic level, and quality of life. As they grow older (>80 years), it becomes difficult to manage their basic needs and daily living. A report on Decade of Healthy Ageing estimates that 14% of people aged 60 years and above cannot meet their basic daily needs which include the ability to manage finances. Some elderly people depend on others to manage finances because of their inability to make decisions resulting in conflicts and communication problems between siblings and other members of the family and lodging of civil lawsuits in India’s joint family unit. So, decision-making is an important area to assess in the elderly people, given its clinical, legal, and ethical aspects. Courts of law can refer to older persons for assessing their capacity to manage finances, though there are no structured clinical procedures to assess it in India. This article evaluates existing methods around the world, discusses the challenges associated with the assessment, and provides clinicians with guidance on assessing financial capacity from an Indian perspective.

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Section: Financial and Testamentary Capacitymentioning

confidence: 99%