An expert has responded to the Law Society’s statement of support toward less formal wills.
Earlier today (10/11/17), the Law Society announced that courts should be able to give legal effect to a deceased person’s final wishes, even where the formalities of a valid will are absent.
Backing the proposals put forward by the Law Commission earlier this year, Chancery Lane stated that this would improve accessibility to the process, and in turn, encourage more people to consolidate their last wishes.
However, a number of professionals have questioned the impact of the proposals and whether reducing formality would be the best way forward for the profession.
Taking this view was Mark Abrol. The Managing Partner and Head of Contentious Trusts & Probate at the Wilkes Partnership stated: “Informality in any area of law tends to lead to uncertainty and an increase in the number of disputes. Less formality in relation to the will preparation process is no exception.
“People now live longer meaning there is more risk that people will lose capacity and be unable to make a will. Our department now sees more capacity challenges and more costs where allegations of fraud arise. In my opinion, this means that to ensure that the consumer is best protected, there should be more not less formality to the will making process.
“Having a more informal process means it will be more difficult for people to achieve certainty, thus leading to more disputes. Certainty is the key.
“As a direct result of internet use, people are more aware of the estate process, meaning consumers are a lot more savvy. This in turn then gives them more ability to perpetrate a fraud. We need to have rules to help prevent this – making them clear so they can’t be debated.
“This rings alarm bells with me and I think the consequences for the consumer will be more severe. The focus should be on service and an uncertainty in the law can be disastrous.”
