The Law Society has announced that legal effect should still be given to a deceased person’s last wishes even where the formalities of a valid will are absent.
Responding to the Law Commission’s proposals on will law, the release of the statement corresponds with the closing date of the consultation that they put forward, which sets out reform proposals to the existing law.
From those put forward, one of the most controversial measures was to provide courts with a ‘dispensing power’, which would allow them to recognise a will as valid, even where certain formal steps have not been adhered to. However, it still requires the intention of the testator to have been made clear.
Expressing the support for the Commission’s proposals was Law Society President Joe Egan. As well as highlighting the need to make the process more accessible for consumers, he also drew attention to the important role that technology could play in supporting current practice.
“When 40% of people die without making a will – intestate – we know there is more we can do to make the process accessible to the public.
“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.”
As well as embracing technology, the Law Society also backed the removal of other potential barriers to the process, including lowering the legal age to make a will as well as amending the definition of capacity.
The consultation closes today – it can be accessed here.
