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"The Society also agreed with the commission that the legal age to make a will should be lowered to 16 and that laws governing testamentary capacity should be updated so that they are in tune with the Mental Capacity Act 2005."

If the test for testamentary capacity was brought into line with the MCA (rather than Banks v Goodfellow as at present), the effect would be to impose a much higher test. Ironically, this would of itself be at odds with the MCA's ethos of empowerment. It will lead directly to an increase in the number of statutory wills, which in turn will mean significantly increased expense for testators (or 'will-makey-people', or whatever they will then be deemed to be).

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