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

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