Tori Keyte, Trainee Solicitor in the Private Wealth Department , shares her thoughts on the recent Law Commission report and its significance for testamentary capacity and wills law reform.
Testamentary capacity, which is the mental ability required to make a valid will, is a cornerstone of inheritance law, ensuring that an individual’s final wishes are respected and legally effective. As society evolves and our understanding of mental capacity deepens, so too must the legal frameworks that govern capacity.
The Law Commission’s recent report on the proposed reform of the law relating to wills marks the most significant proposed update in over a century, addressing modern challenges such as increased life expectancy, neurodegenerative conditions like dementia and developments in medicine. This blog considers the implications of the changes proposed by the Law Commission surrounding testamentary capacity.