- The case concerned the validity of a will that was made by a testator who was suffering from delirium tremens, a condition caused by alcohol withdrawal that can cause hallucinations, confusion, and agitation.
- The testator, Mr. Wragg, was a habitual drunkard who had been advised by his doctor to abstain from alcohol. He made a will on the 9th of April 1896, leaving his estate to his wife and appointing her as his sole executrix. He died on the 11th of April 1896, after having several fits of delirium tremens.
- The will was challenged by the testator’s son, who claimed that his father was not of sound mind when he made the will and that he was unduly influenced by his wife.
- The court held that the will was valid and that the testator had testamentary capacity at the time of making the will. The court applied the test laid down in Banks v Goodfellow (1870) LR 5 QB 549, which states that a person is of sound mind for the purpose of making a will if he or she can understand the nature and effect of the act, the extent of the property to be disposed of, and the claims of those who might be entitled to benefit from the will. The court also considered the evidence of the testator’s solicitor, who prepared the will and witnessed its execution, and who testified that the testator was rational and coherent when he gave his instructions and signed the will.
- The relevance of the case is that it illustrates the application of the Banks v Goodfellow test for testamentary capacity, which is still the main test used in English law today. It also shows that the presence of a mental disorder, such as delirium tremens, does not necessarily invalidate a will, as long as the testator meets the criteria of the test at the time of making the will. The case also demonstrates the importance of having a reliable and independent witness to the execution of a will, especially when the testator’s mental state is in doubt.
Published by Law Author
**Welcome to Law Author!**
At Law Author, we believe in the power of knowledge and the value of time. Our mission is to simplify your learning experience by providing concise and insightful note summaries sourced from reputable materials. Whether you're a student looking to grasp complex concepts quickly or a professional aiming to stay informed, our carefully crafted summaries are designed to assist you on your learning journey.
*What Sets Us Apart:
• Reliable Sources: Our note summaries are derived from credible and established sources, ensuring accuracy and reliability.
• Convenience: Save time and effort by accessing condensed, easy-to-understand summaries of important topics.
• Comprehensive Coverage: We cover a wide range of subjects, catering to diverse interests and educational needs.
*Why Choose Us:
• Expertly Curated Content: Our team of knowledgeable experts carefully curates each summary to provide you with the most relevant and essential information.
• User-Friendly Interface: Navigate our website effortlessly and find the summaries you need with our intuitive interface.
• Constant Updates: Stay up-to-date with the latest developments in various fields through our regularly updated content.
Join us in the pursuit of knowledge and make learning more accessible than ever. Explore our note summaries and embark on a journey of continuous learning.
Thank you for visiting Law Author!
View more posts
Law Author 