‘For, to define true madness’* – Proctor

“When the facts change, I change my mind.”¹

What we once thought was madness we now know to be any number of medical conditions that are manageable illnesses.

Neurological science has progressed significantly in the 21st Century,² so it is no surprise that people question the legal system’s reliance on legal precedents that predate scientific advancement.

An article in the Daily Mail reported on the recent English decision of In the Estate of Mrs Mary Jean Clitheroe Deceased [2020] EWHC 1185 (Ch) (Clitheroe), in which the court found against a son propounding his mother’s will.

The court found his mother did not have the requisite capacity on the basis that the testator was suffering from insane delusions…