Since the time of Banks v Goodfellow (1870) LR 5 QB, challenges concerning testamentary capacity have been a common issue arising before the courts. The Court of Final Appeal has recently provided guidance on testamentary capacity in the case concerning the estate of Au Kong Tim in FAMV No. 47 of 2018, which affirmed the views of the Court of Appeal in CACV No. 177 of 2017.
This seminar will cover the mental capacity and its practical issues when practitioners are drafting and attesting Wills for the elderly and vulnerable; and issues regarding instruction of medical practitioners in assessing testamentary capacity will also be discussed.