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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
back-to-top-scroll