A solicitor's genuine belief that a testator has testamentary capacity does not displace the court's role in deciding the issue on the basis of all relevant evidence. Where instructions for a new will are generated by a beneficiary on the testator's behalf without obvious explanation for changes that favour that beneficiary, the court will require clear evidence that the testator had the capacity to understand all the changes and their effect. The Banks v Goodfellow test must be adapted to modern life, but a testator who cannot explain why changes are being made to property dispositions, makes fundamental errors about family members, and cannot give details of financial worth may lack testamentary capacity despite appearing cooperative during the will execution process.
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