Golden Rule (Probate)
Definition
English probate practice guidance from Kenward v. Adams (1975) requiring solicitors taking instructions from an elderly or seriously ill testator to arrange a contemporaneous medical assessment of capacity and retain a record of it.
- Origin case
- Kenward v. Adams (1975)
- Jurisdiction
- England and Wales, probate practice
- Applies to
- Elderly or seriously ill testators
- Requirement
- Contemporaneous medical capacity assessment and record
Common questions
Is the golden rule a strict legal requirement for a valid will?+
No, it is a practice guideline for solicitors rather than a statutory test of validity; failing to follow it does not automatically invalidate a will, but it weakens the evidential defence against a later capacity challenge.
What role does a medico-legal expert play in golden rule compliance?+
A doctor asked to assess and document testamentary capacity at the time instructions are taken provides contemporaneous evidence that can be decisive if the will is later challenged on grounds of undue influence or incapacity.
Why was the golden rule established in the first place?+
It arose from recognition that capacity disputes are often litigated years after a testator's death when direct evidence of their mental state is unavailable, so contemporaneous medical assessment was recommended to preserve reliable evidence at the time.
Related terms
- Banks V. Goodfellow (1870)
- English common-law case establishing the four-element test for testamentary capacity: the testator must understand the nature of making a will, the extent...
- Functional Capacity Assessment
- Assessment of capacity in relation to a specific decision, at a specific time, requiring evaluation of whether the person can understand, retain,...
- Hindu Marriage Act 1955 § 12
- Provision making a marriage voidable (rather than void) where the consent of a party was not free consent because of unsoundness of...
- Indian Contract Act 1872 § 11-12
- Provisions establishing that sound mind for contracting requires capacity to understand the contract and form a rational judgement as to its effect;...
- Insane Delusion
- Under the Banks test, a false belief from which the testator cannot be argued, which causes them to dispose of their property...
- MacCAT-T
- MacArthur Competence Assessment Tool-Treatment; a structured instrument assessing capacity to consent to medical treatment using four domains: understanding, appreciation, reasoning, and expressing...
- Mental Capacity Act 2005 (England and Wales)
- Statute governing capacity for consent to treatment and other decisions (not testamentary capacity). Requires a person to understand, retain, weigh, and communicate...