The Law Society has backed Law Commission proposals to enable courts to give effect to a will even if the formalities have not been followed.
The Law Commission is currently analysing responses to its consultation on reforming the law of wills, which closed last week. It proposed extending courts’ powers to dispense with the formalities of a will where it is clear what the deceased wanted, replacing the current definition of testamentary capacity with that used by the Mental Capacity Act 2005, making new rules to enhance protection from undue influence, and lowering the age for making a will from 18 to 16 years.
Law Society President Joe Egan said: ‘The lack of a formal will should not restrict a court from respecting someone’s final wishes when those can be proven—with appropriate safeguards against fraud.
‘We support efforts to simplify the process of making a will and we acknowledge the need to start looking at technology to support existing practice.’
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