At last, a proposal to overhaul 188-year-old wills legislation: Nicola Bushby comments in The Times

The Times reports on the Law Commission’s long-awaited proposals to reform the 118-year-old legislation governing wills in England and Wales. With recommendations ranging from the introduction of electronic wills to enhanced protections against undue influence, the reforms aim to modernise the legal framework and better safeguard vulnerable individuals.

One of the most significant proposals is to replace the long-standing Banks v Goodfellow test for testamentary capacity – dating back to 1870 – with a standard aligned to the Mental Capacity Act 2005. This shift would bring the law in line with modern understandings of mental capacity and ensure greater protection for testators.

Nicola Bushby, Partner at Boodle Hatfield, welcomes this recommendation, stating that the 2005 test “is the only rational way forward as it is far better aligned with protecting testamentary freedom”. Under modern mental capacity legislation, a testator is presumed to have capacity unless a challenger can prove otherwise. Modernising the law, Bushby says, will “wash away outdated notions and prejudices around capacity”.

Read the full article in the Law Society Gazette here (paywall).