same object indirectly through his divorce settlement with Mirjana. This settlement
included the payment of a lump sum of £135,000 when the accounts were unfrozen,
and it was suggested that Bane may have relied upon Mirjana using some of this
money to support Zoran. However, as I have already said (see paragraph 128 above)
there was no solid evidence to support this suggestion, and I think I must proceed on
the footing that the settlement with Mirjana was intended to deal exclusively with her
claims in the divorce proceedings. The evidence is that she received the matrimonial
home and cash of between £150,000 and £160,000 on a clean-break basis. That does
not strike me as particularly generous, and certainly not so generous as to ground an
inference that part of the lump sum was intended to be used for Zoran’s benefit.
222.
To conclude, I am fully satisfied on the basis of all the evidence that Bane’s decision
to disinherit Zoran in the 1988 and 1989 Wills was heavily influenced by his
delusions, and in particular by his belief that Zoran was implicated in the global
conspiracy he saw around him. In the language of Banks v Goodfellow, his natural
affection for Zoran had been poisoned by the disorder of his mind, and his insane
delusions brought about a disposal of his property which would not have been made if
he had been of sound mind. In saying that I am fully satisfied, I wish to make it clear
that my decision does not turn on the burden of proof. In my judgment the
cumulative weight of the evidence on this question is very considerable, and it leaves
me in no real doubt about the answer. Furthermore, my decision does not turn in any
way on the fine distinction noted in paragraph 15 above. I am satisfied that Bane’s
delusions did in fact influence his decision to exclude Zoran, and not just that they
were likely to do so.
223.
The conclusion which I have reached means that Bane inevitably lacked testamentary
capacity when he made the 1988 and 1989 Wills. It is therefore not strictly necessary
for me to go on to consider whether Bane’s choice of the CPA as the beneficiary
under those wills was itself influenced by his delusions. However, as the matter was
fully argued, and as it is very much the other side of the same coin as the decision to
exclude Zoran, I will state my conclusions on it.
224.
As a self-made man, who had fought against fascism and suffered under communism
in his youth, and then made a personal fortune through his own skill and hard work,
Bane was a natural supporter of the Conservative Party and its values. He became a
member of the Party in 1982, and many witnesses attested to his great admiration for
Mrs Thatcher. I have no hesitation in accepting this evidence, and I am sure that Bane
would have remained a life-long supporter of the Conservative Party even if his
illness had not supervened. However, recognition of this fact does not of itself answer
the question whether Bane’s decision to leave the whole of his estate to the CPA, with
the aim of establishing a foundation in honour of his late father, was influenced by his
delusions; and as I have already indicated, I am satisfied that his delusions must
indeed have had a considerable influence upon that decision. From at least December
1984 onwards, when Bane first wrote to Mrs Thatcher, his correspondence with
prominent figures in the Conservative Party betrays a fixation with the dark forces
conspiracy and a desire to enlist help in the fight against it. Given the nature and
extent of his delusions, it was a natural thing for him to turn to the Conservatives,
both as the party of government and because of the values represented by the
“Thatcher revolution”, in order to combat the conspiracy, and for him to make
donations to the Party for that purpose. However, there is no evidence that Bane had
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