It will ‘take time’ for the charity sector to fully understand the full implications of the proposed Wills Act submitted to the government for consideration following the publication of the Law Commission’s Modernising Wills Law report.
Published last week, the report makes 30 recommendations on updating legislation governing the writing of wills in an attempt to bring the near 200-year old legislation in line with modern society. The Law Commission’s recommendation, which have been enshrined in the bill which now awaits government review, includes
- Validating electronic Wills, subject to certain protection measures and safeguards
- Abolishing the law that revokes a person’s Will when they marry or enter a civil partnership, reducing the risk of predatory marriage
- Lowering the minimum age at which a person can make a Will from 18 to 16
- Clarifying that the requirements for mental capacity will be based on the modern test in the Mental Capacity Act 2005
- Making it easier for a person’s wishes to be granted when a Will doesn’t meet formality requirements but their intentions are clear
- Increasing protection for those coerced into making a Will
The charity sector, which relies on legacy giving for so much of its work, says it is taking time to review the proposals to fully understand their implications. Having contributed to the supplementary consultation along with the Institute of Legacy Management (ILM), advocating for the interests of the charity sector, a statement from the charity consortium Remember a Charity says
“it is crucial for organisations to stay informed and prepared for possible changes. Understanding the proposed legislation will help ensure that charities can continue to plan sustainably and ensure fundraising strategies reflect the changing landscape for charitable Wills.”
To that end Remember a Charity will ‘work with members to identify what the implications of the changes will be and to help them adapt’ said Chair of ILM James Stebbings adding
“We welcome the Law Commission’s proposals, which we believe will help ensure that people’s final wishes will be upheld by the law. The report is ambitious and boldly addresses the concerns that the charity sector has had with the existing legislation.”
Alex McDowell, Director of Fundraising at the Duke of Edinburgh’s Award, and Vice Chair of Remember A Charity, added the report was a ‘key moment in the evolution of the environment for charitable wills.’
“The ambition behind these proposed reforms is to modernise Wills law, particularly around making it easier and more intuitive for people to leave gifts to the causes they care about.”
“However, this is a complex area of law, and it will take time to fully understand the implications for charities and legacy giving. We are committed to working with government, legal experts, and the wider charity sector to explore what this means in practice and to ensure the voice of the sector continues to be heard.”
McDowell concluded
“Legacy giving is a vital income stream for charitable organisations across the UK and it is essential that we have robust and relevant rules in place to protect the public and enable philanthropy.”
One Response
The one thing above all else that is needed is the creation of a licensed and Law Society approved course for anyone who wishes to be a Will Writer/Will Instructions taker. This would ensure the abolition of the current ‘wild west ‘ market in Will Writing and get rid of the ‘Cowby Firms’ (pun intended) who currently dominate the place. I am a semi retired academic with a PhD and have worked in the area for 12 years – Dodgy doesn’t cover it. !
Ps Opposition to licensing from Solicitors is nothing more than a financial stitch up.