The latest insights and updates from our team.
The High Court in Leonard v Leonard [2024] EWHC 321 (Ch) has definitively confirmed that the Victorian-era Banks v Goodfellow test remains the sole standard for assessing testamentary capacity, rejecting suggestions that the Mental Capacity Act 2005 should replace it.
The Court of Appeal’s decision in Rea v Rea [2024] EWCA Civ 169 has fundamentally reshaped undue influence law, establishing that such claims are “inherently improbable” and require proof that coercion is the most likely explanation for a will’s contents.
The Court of Appeal in Winter v Winter confirms that devoting your working life to a family farm based on inheritance promises creates valid proprietary estoppel claims, even without proving specific alternative opportunities foregone.
The Law Commission’s May 2025 report proposes revolutionary changes to will-making including electronic wills, ending automatic revocation on marriage, and allowing wills from age 16.
The High Court in Lane v Lane clarifies when executors can be removed, emphasising that beneficiary interests are paramount and warning executors about personal costs liability for misconduct.
