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Under review

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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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