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17 November 2017
Issue: 7770 / Categories: Legal News , Wills & Probate
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Time to dispense with will formalities?

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.’

 

Issue: 7770 / Categories: Legal News , Wills & Probate
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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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