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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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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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