Law Commission Proposals to Reform the Law of Wills


14th July 2017

The Law Commission has published its substantive consultation on the law relating to Wills. The Project, led by Professor Nicholas Hopkins, was tasked to examine the law relating to the formal requirements of wills, current issues as to capacity and how the existing law copes with the realities of modern families, including serial marriages, increased life expectancy and the increase in dementia diagnoses.

 

Proposals for reform include replacing the Banks v Goodfellow test with a statutory test modelled on the Mental Capacity Act 2005, powers to dispense with the requirement that a will be formally attested in the presence of witnesses, the introduction of Electronic Wills and a statutory provision dealing with undue influence. There are also proposed changes to the law relating to ademption, revocation and mutual wills.

 

Copies of the consultation paper and all relevant materials can be found here.

 

The deadline for responses is 10th November 2017.

 

Associated Members

Aidan Briggs


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