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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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