The Law
Commission announced last month that it is planning major changes to the law of
wills. The review aims to look at the current test for testamentary capacity
(i.e. a person’s mental capacity for making a will), the formalities required
to make a will, how wills can be rectified after they have been finalised and
mutual wills.
The
Commission has stated that by making these changes, they aim to provide
‘greater certainty and protection both for those making wills and those who
stand to benefit from them’ and ‘encourage more people to make arrangements for
when they die, and avoid the need for expensive litigation’.
Encouraging
more people to make arrangements for when they die is certainly welcome as it
has been estimated that 40% or more of the adult population are without a will.
It is expected that technological advances will be considered to facilitate
will-making (such as the ability to create Wills electronically). If this is
the case, a careful balance will need to be struck between making use of
technological advances without opening the door to technological
vulnerabilities.
The Law Commition expects to start the project
in early 2015 with a view to publishing a report, final recommendations and
draft Bill in early 2018