Wills update: undue influence & other concerns

The Law Commission’s proposals on testamentary undue influence are ‘cause for concern’, Jonathan McDonagh, Serle Court, has warned.

Writing in NLJ this week, McDonagh critiques the Commission’s consultation, Making a will, due to close on 10 November. While the Commission has called the law out-of-date, McDonagh says there is no need to scrap it just because it was made by Victorians. On proposed reforms to introduce circumstances where a presumption of undue influence can be applied, he says it is ‘very difficult to see what could be achieved’.

Also in NLJ this week, Alison Regan, partner at Russell-Cooke, asks how far a charity should go to protect a charitable legacy, and the duties of charity trustees, particularly in the high-profile case of animal lover Tracy Leaning.

Geldards’ partner Giselle Davies, and legal executive Ellis Pugh, meanwhile, consider the Fundraising Preference Service, which screens junkmail, and ask if it will alleviate concerns about charity behaviour.