The Law Commission has responded to the Law Society’s statement of support toward their will law proposals.
Earlier this year, the Law Commission described the existing law surrounding wills as outdated, putting forward on proposals on how it should be reformed.
This included the possibility of making wills electronically, changing the test of testamentary capacity, and providing the court with a dispensing power to recognise wills as valid, even if the formalities have not been adhered to.
Today (10/11/17) Chancery Lane expressed their support for the proposals, with a focus on softening the existing formalities. As well as improving accessibility for clients, President of the Law Society Joe Egan stated the technology should be harnessed to support existing practice.
“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. There are issues we will need to work through to ensure wills made online can be proven valid, but it is an area for further debate.”
Following this, the Law Commission have since reacted to the Society’s backing.
Speaking exclusively to Today’s Wills and Probate, Law Commissioner Professor Nick Hopkins said: “Making a will and passing on your possessions after you’ve died should be straight-forward. But the law is unclear, outdated and could even be putting people off altogether.
“We want to reform the law to give greater effect to people’s last wishes whilst still providing protection against abuse or fraud.
“It’s great so many people have responded to our proposals and their views will directly shape our final recommendations to government.”
The consultation closes today – it can be accessed here.
