Lexis®Library update: In July 2017, the Law Commission launched a consultation which sought views to inform proposals for reforming the Wills Act 1837. The Law Society endorsed the majority of the Law Commission’s proposals including for the definition of capacity in the Mental Capacity Act 2005 to be used for testamentary capacity and for courts to be given a dispensing power to recognise and give legal effect to a testator’s intentions, where strict formalities for making a valid will have not been followed. Although the Law Commission has paused its work on wills, the Law Society confirmed that it will update its members as the project develops.
The Law Commission consultation can be found here.
The Law Society’s response to the consultation can be accessed here.
This content was first published by LNB News / Lexis®Library, a LexisNexis® company, on 14 April 2021 and is published with permission. Further information can be found at: www.lexisnexis.co.uk.
