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

Fieldfisher—Julian Balson

Fieldfisher—Julian Balson

Indirect tax investigations and litigation specialist strengthens contentious tax offering

DMH Stallard—Seb Jones

DMH Stallard—Seb Jones

DMH Stallard makes Magic Circle hire

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

TV Edwards—Sarah Inchley, Caroline Andrews & Cheryl Thompson

Three new Heads announced at leading London-based law firm

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
back-to-top-scroll