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22 September 2017 / Jonathan McDonagh
Issue: 6672 / Categories: Features , Wills & Probate
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Leaving it to the next generation

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Jonathan McDonagh provides an expert view of what should change in the law of wills

  • General modernisation & electronic wills.
  • Testamentary freedom & undue influence.

The Law Commission is presently seeking consultation in respect of its wills project. In Consultation Paper 231, published on 13 July 2017, the Commission notes that the law of wills potentially affects the entire population, but that the current law ‘is not as clear or protective as it could be, and it could do more to encourage and facilitate people to make wills’. It is estimated that around 40% of the adult population of England and Wales die without a will. In respect of those wills that are made, the Commission thinks that current problems with the law arise mainly from the antiquity of that law: as stated in the Consultation Paper (at 1.10 of the summary)—‘The law in England and Wales that governs wills is, in large part, a product of the 19th century: the main statute is the Wills Act 1837,

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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