Updates on Executor Capacity, Mutual Wills, and Will Reforms: September 2023

Legal News Update: Executor Losing Capacity, Mutual Wills Cases, and Will Reform Survey Responses

In this month’s legal news update for England and Wales, we delve into three important topics that are shaping the landscape of wills and estates law.

Firstly, we address the issue of what to do when an executor loses mental capacity. Caspar Fraser provides insights on how to assess the capacity of an executor and navigate the complexities that arise when an executor loses mental capacity during estate administration.

Secondly, we review recent cases dealing with mutual wills. Henrietta Mason examines the cases of Naidoo v Barton and McLean v McLean, shedding light on how these cases fit into the broader context of will disputes and legal doctrines.

Lastly, we report on the responses to the ILM / Farrer & Co survey of members on the questions that will be central to the forthcoming supplementary consultation on reforming the law around the making of wills. The survey gathered opinions on abolishing the rule that marriage revokes a will and introducing fully electronic wills. The responses provide valuable insights for the upcoming Law Commission’s Supplementary Consultation paper.

Overall, these articles offer a comprehensive overview of key developments in wills and estates law, providing valuable insights for legal practitioners and individuals navigating the complexities of estate planning.

For more information on these topics and to read the full articles, visit the links provided above. Stay informed and stay ahead in the ever-evolving field of wills and estates law.

This publication is a general summary of the law and should not replace tailored legal advice for specific circumstances.

© Farrer & Co LLP, September 2023.