header-logo header-logo

08 August 2014 / Elizabeth Cooke , Luke Campbell
Issue: 7618 / Categories: Features , Wills & Probate
printer mail-detail

Under review

specialist_wills-probate_law-comm

Professor Cooke & Luke Campbell report on the forthcoming Law Commission project on the law of wills

On the 23 July 2014 the Law Commission published its Twelfth Programme of Law Reform (Law Com No 354). The programme is the result of an extensive public consultation, and sets out the Commission’s law reform agenda for the next three years. During this period the Commission will undertake a variety of work, including a project on the law of wills.

The call for the Commission to review the law of wills was widespread. A number of legal representative bodies, legal practitioners, and parliamentarians, both in England and Wales, highlighted the need for reform. The main areas of concern for consultees are discussed below.

Testamentary capacity

Testamentary capacity is still assessed by reference to the criteria in Banks v Goodfellow (1870) LR 5 QB 549. The testator must be able to understand what it means to make a will, and have an appreciation of what he or she will be leaving by will and of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Haynes Boone—Louise Woods

Haynes Boone—Louise Woods

Haynes Boone expands global capabilities with addition of Louise Woods as chair of international disputes

DWF—John Gilfedder

DWF—John Gilfedder

DWF strengthens Global Risks practice with strategic hire of aviation partner in London

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau—10 newly qualified solicitors

Shakespeare Martineau appoints newly qualified solicitors

NEWS
The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
More than 500 former rugby players can pursue brain injury claims despite serious failures to disclose documents ordered by the High Court
When does a solicitor’s retainer become a contentious business agreement? The Court of Appeal’s decision in Broadfield Law UK LLP v Barnes shows that listing hourly rates alone will not do, leaving firms and clients uncertain about their rights over bills
Developers in areas with poorly performing councils can apply directly to the Planning Inspectorate for permission under section 62A of the Town and Country Planning Act 1990
A divorced woman has secured funding to participate in her former husband’s inquest after the Legal Aid Agency reconsidered repeated refusals
back-to-top-scroll