Are changes in the law relating to Wills on the horizon?


The law in relation to Wills in England and Wales has remained relatively unchanged for the last 200 years. However over the last few months the Law Commission have undertaken a review, to which Gamlins Law have contributed, as to whether the law should be changed.

 

Currently in order to prepare a valid Will, a person must satisfy the following criteria as set in the case of Banks v Goodfellow (1869-70):

 

-          They must understand the nature of a Will and its effects

-          They must understand the extent of the property they are disposing under the Will

-          They must be aware of the persons they should consider providing for in making their Will

 

Further in order for the Will to be valid it must comply with the Wills Act 1837 in that the Will must be in writing, signed in the presence of two witnesses who acknowledge the testator’s signature.

 

As you will see the law in relation to Wills has been around for many years, which is why the law commission are now considering its ongoing suitability. Certainly given the ageing population, a greater use of digital technology in the world and greater understanding of medical conditions when it comes to matters of capacity, a review of the law in respect of Wills appears more than overdue.

 

Around the world, the formalities for preparing a Will have been loosened to greater reflect the modern world whilst also ensuring that a person’s wishes are not dismissed for want of certain formalities being carried out, as evidenced in a recent Australian case where an unsent text message was deemed to constitute a valid Will.

 

The Law Commission’s review of the law in relation to Wills is welcomed and will hopefully open doors to allow the law to develop as society changes over the next 200 years.

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