Since 2000, several jurisdictions have codified a considerable amount of case law relating to capacity, but interpretation of the statutory law is informed by the earlier case law and with which you should be familiar. In short, ‘it is a general rule of English law, whatever the context that the test for capacity is the ability to understand the nature and quality of the transaction’ (Sheffield City Council v. E [2004] EWHC 2808 (Fam)). Common law, as to such matters as testamentary and capacity to marry, has not been affected. In James v. James [2018] EWHC 43 (Ch), it was held that the test for judging capacity retrospectively in relation to a will already made did not fall within the scope of the MCA.