Wills—to dispense, or not to dispense: that is the question

27 October 2020 / Debra Burton

Issue: 7908 / Categories: Features , Wills & Probate

With the government retrospectively amending the law to allow for the video-witnessing of wills during the COVID-19 pandemic, is the next step the introduction of dispensing powers & is it a good thing, asks Debra Burton

In brief

What could the future hold?
Should England and Wales ‘get with the times’?
Certainty: protecting the testator.

It’s rather surprising that since it was enacted, the Wills Act 1837 has remained largely unchanged. The Wills Act provides that the formalities for a valid will are that:

it must be in writing;
it must be signed by the person making it in the presence of two independent witnesses; and
the witnesses must each sign it in the presence of the person making it.

Now the government has taken the first step in relaxing the will writing rules, is it the last?

What could the future hold?

The Law Commission’s 2017 Consultation Paper ‘Making a Will’ (https://bit.ly/31yAcBD) highlighted several areas where will making could be modernised

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

Wills—to dispense, or not to dispense: that is the question

In brief

What could the future hold?
Should England and Wales ‘get with the times’?
Certainty: protecting the testator.

It’s rather surprising that since it was enacted, the Wills Act 1837 has remained largely unchanged. The Wills Act provides that the formalities for a valid will are that:

it must be in writing;
it must be signed by the person making it in the presence of two independent witnesses; and
the witnesses must each sign it in the presence of the person making it.

Now the government has taken the first step in relaxing the will writing rules, is it the last?

What could the future hold?

The Law Commission’s 2017 Consultation Paper ‘Making a Will’ (https://bit.ly/31yAcBD) highlighted several areas where will making could be modernised

If you are not a subscriber, subscribe now to read this content

If you are already a subscriber sign in

...or Register for two weeks' free access to subscriber content

SourceURL:

Links:

E-newsletter Sign-Up

MOVERS & SHAKERS

Read All

Arc Pensions Law—Richard Meers

Pensions litigation team announces senior associate hire

Burges Salmon—Neil Demuth

Firm appoints new chief financial officer

Anthony Collins—Sue Bearman

Social purpose firm announces director hire plus eight promotions

NEWS

Read All

AlphaBiolabs donation boosts men’s mental health charity Sean’s Place

AlphaBiolabs has made a £500 donation to Sean’s Place, a men’s mental health charity based in Sefton, as part of its ongoing Giving Back initiative

Tribute to Sir Geoffrey Bindman KC

Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years

NLJ this week: Law Society calls for clarity on AML

The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week

NLJ this week: Turning corporate liability into opportunity

Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted

NLJ this week: A prince no more?

Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke

Error message

Wills—to dispense, or not to dispense: that is the question

In brief

What could the future hold?

In brief

What could the future hold?

MOVERS & SHAKERS

Arc Pensions Law—Richard Meers

Burges Salmon—Neil Demuth

Anthony Collins—Sue Bearman