Progress made in modernising Wills
Today the Law Commission, in a move to help make Wills fit-for-purpose in a modern and more digital age, published its report on Modernising Wills.
The report, which follows the first major review of the will making process since the Wills Act 1837 was passed, is comprehensive, running to almost 500 pages.
On initial appraisal the proposed reforms are significant and incorporate 31 recommendations. Some of the key proposals include:
- Allowing electronic Wills to be legally valid, subject to agreeing regulations and safeguards
- Marriage should no longer automatically revoke a Will, which is currently the position
- Modernising the tests for testamentary capacity
- Introducing new safeguards as regards gifts to certain persons who are connected with making the Will
- Introducing a new power allowing the courts to rule on cases where the testator may have been subject to undue influence
- Introducing a new power for the courts to validate Wills where the deceased’s intentions are clear
- Reducing the age at which a Will can be made from 18 to 16.
The Law Commission’s report and a draft Bill containing the legislation to implement these proposals have been passed to the Government. Whilst an initial Government response has been made, it remains to be seen how much (if any) of the proposals see the light of day.
We are digesting the report to fully understand the implications of the proposed reforms. In the meantime, if you wish to discuss the proposals in more detail, contact Peter Gate, Partner, or a member of our Wills and Estate Planning team.