Insane Delusion
Definition
Under the Banks test, a false belief from which the testator cannot be argued, which causes them to dispose of their property in a way they would not have done absent the delusion; the fourth prong that invalidates testamentary capacity even if the other three are satisfied.
- Field
- Forensic psychiatry, testamentary capacity
- Test
- Banks test, fourth prong
- Requires
- A false belief the testator cannot be argued out of
- Effect
- Can invalidate a will even if other prongs are met
Common questions
How does an insane delusion differ from simply having poor judgment about who to include in a will?+
Poor judgment or an unfair distribution alone does not invalidate a will. An insane delusion requires a demonstrably false belief, held despite evidence to the contrary, that directly drove the disposition of property in a way the testator otherwise would not have chosen.
Why is the fourth prong assessed separately from general mental competence?+
A testator can otherwise understand their assets, beneficiaries, and the nature of making a will, satisfying the first three Banks prongs, yet still act on one isolated false belief, which is why the delusion prong is evaluated as its own distinct ground for invalidity.
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,...
- Golden Rule (Probate)
- English probate practice guidance from Kenward v. Adams (1975) requiring solicitors taking instructions from an elderly or seriously ill testator to arrange...
- 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;...
- 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...