Re JS (Disposal of Body) [2016] EWHC 2859 (Fam); [2017] WTLR 227

Law Reform: Will-making for the modern age

Jo Summers reviews the Law Commission’s will consultation from the point of view of the practitioner ‘Perhaps the most important part of the consultation relates to the question of mental capacity. The paper notes that the legal test for testamentary capacity comes from the case of Banks v Goodfellow which is hardly recent.’ On 13 …

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Law Reform: Willing to change?

Professor Nick Hopkins and Spencer Clarke offer an overview of the Law Commission’s consultation paper on the law of wills ‘Central to the Law Commission’s project is the principle that the law should do all it can to enable people to ensure that their testamentary intentions are given effect.’ The Law Commission published its consultation …

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Prohibited Steps And Specific Issue Orders: Stop right now

Jennifer Moore provides a reminder of the requirements for prohibited steps and specific issue orders and an update on recent case law ‘The court cannot make a prohibited steps or specific issue order to achieve the same result that could be achieved by a child arrangements order.’There have been a number of cases recently that …

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Estate Administration: Put to rest?

Martin Beard and Zoe Fleetwood discuss the issues that can arise on disposal of a body and cryo-preservation ‘In Re JS the judge made clear it was not the role of the court to give directions for the disposal of the body, but rather to resolve disagreement about who might make the arrangements.’ Many will …

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