anyway draw from the terms of the letter itself (with its reference to enclosing £5,000
to fight demons and Satans) that Bane’s appeal to the Prime Minister, and his
donation, were in large measure predicated upon his delusional beliefs. Indeed,
Professor Howard went on to say that Bane’s appeal to the Prime Minister and gift of
money were perfectly logical secondary consequences of his delusions. I agree, but
that only goes to reinforce the point that Bane’s support for the Conservatives and his
delusions were inseparably connected. Similarly, Professor Howard accepted that a
letter written by Bane to David Mellor on 24 March 1987, referring to “dark forces”,
was clearly prompted by Bane’s deluded belief system and not by any desire to
communicate normal pro-Conservative views.
196.
Again, after Bane had written to Mr Mellor asking him to be his trustee and Mr
Mellor had politely declined, Bane wrote to him again on 11 January 1988. In this
letter he said:
“My intention was to create a TRUST FUND for Mrs
Thatcher’s Revolution – the only world’s SAVIOUR of human
Dignity, Creativity and Freedom.”
Professor Howard accepted, in my view rightly, that the reference to creation of a
trust fund in this letter reflects the views expressed in his letter of December 1984 to
the Prime Minister. The connection may not be explicit in this letter, but it is in a
letter which Bane wrote a few months later on 18 May 1988 to the Conservative
Board of Finance, enclosing a donation of £5,000. This letter is typical in that it
begins in a way which appears entirely rational, referring to the transformation in the
British economy and saying that reform of education is the next task, but then veers
off into obvious irrationality:
“My MP David Mellor, QC, knows my Saga against Dark
Forces and it is a pity that I have to waste my energy and my
time on it, nearly alone.
I am enclosing herewith a cheque in amount of £5,000 – for the
cause of my Maggie Mrs Margaret Thatcher’s Revolution.”
Professor Howard pointed out, quite rightly, that in this same letter Bane expressly
associated Mrs Thatcher’s Revolution with the “CHEMISTRY OF LOVE – morality,
ethics, decency and care for our society”, and was inclined to read the letter as
reflecting Bane’s own personal philosophy regardless of his delusions. However, he
also agreed that the virtues listed by Bane could be seen as the antidote to the dark
forces, and in my view that is the natural way to interpret this letter.
Discussion
197.
I have already set out the basic formulation of testamentary capacity in Banks v
Goodfellow in paragraph 14 above. The Court of Appeal has recently described
Banks v Goodfellow as a “decision which has stood the test of time”, and expressed
the view that the test does not need to be reformulated in more modern language: see
Sharp v Adam [2006] EWCA Civ 449, [2006] WTLR 1059 at paragraphs [66] and
[82]. It is, however, helpful, for the purposes of exposition, to sub-divide the test into
four elements, as the Court of Appeal did in Sharp v Adam at paragraph [68], viz:
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