Change is JUST around the corner
Law Commission consultation on reforming law of wills
The Law Commission published its consultation on the law of wills on 13 July 2017. The consultation closes on 10 November 2017. Of particular note are proposals to introduce a system for assisted will making for those who, with support, would have the capacity to make a will, a power for the court to dispense with will formalities where there is sufficient evidence of testamentary intention and a power to allow electronically executed wills or fully electronic wills to be recognised as valid through secondary legislation. This power would not be exercised until there was a sufficiently robust and secure technological infrastructure in place to safeguard against fraud and undue influence.
It is noteworthy that the Law Commission has concluded many areas of the current law of wills (such as the statutory formalities) do not need radical reform. It appears that the Law Commission is largely of the view that, the balance between providing safeguards for vulnerable testators and the aim of making wills easier to execute is more or less achieved under the current rules although a few reforms are necessary. Nevertheless, it has asked for evidence from consultees of what factors may be deterring more people from making a will.
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For those with property Trusts - our Annual Trust Minutes package for £9.99 inc v.a.t. per month and for those with just Wills our future support package for just £4.99 inc v.a.t per month both of which provide unlimited updates to your legal documents without charge as well as free storage among many other excellent benefits
We are strongly urging our clients to BE PREPARED