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.
Here at Wilson Browne our Wills and Probate solicitors advise that you review your Will frequently (and certainly at times of change, such as marriage, divorce, death of a loved one or even a change in your own personal wealth) to ensure your wishes are being met, and you have received the best advice in terms of tax planning.
As established Wills and Probate solicitors with experts in our offices in Northampton, Kettering, Corby, Higham Ferrers, Wellingborough and Leicester we can offer fixed price, affordable Wills.
Call 0800 088 6004 today – we’ll help you plan ahead and put your mind at rest.