Bringing Will Legislation to the Present Day

By Clarkes

Earlier this month the Law Commission announced its plans to conduct a review of the Wills Act 1837, the current legislation that governs the making of an individual’s will within England and Wales.

The Commission has recognised the vast changes to our society in the 180 years since the original Act was introduced and has therefore commented that they will be consulting on a number of proposals:

  • Enabling the court to dispense with the formalities for a will where it is clear what the deceased wanted
  • Changing the test for capacity to make a will take into account of the modern understanding of conditions like dementia
  • Provide statutory guidance for doctors and other professionals conducting an assessment of whether a person has the required mental capacity to make a will
  • New rules protecting those making a will from being unduly influenced by another person
  • Lower the age of a person that a will can be made for from 18 to 16
  • The introduction of electronic wills

The public consultation is open until 10 November 2017.

Here at Clarkes LLP, our friendly legal experts can provide assistance with every aspect of estate management, including preparing a will to your individual requirements, minimising inheritance tax and providing lasting powers of attorney. You can trust Clarkes to provide a professional, efficient service – Sarah Sharpe, Solicitor