Proposals to reform the Wills Act are long overdue and should be welcomed, the Society of Trust and Estate Practitioners (STEP) has said.
Last month the Law Commission published a list of 31 recommendations for reforms to the Wills Act 1837. These cover issues linked to how wills are made, who can make a will and whether a will genuinely represents an individual’s wishes.
The Commission stated its proposals are designed to “ensure that this important area of law is fit for purpose today” by “supporting testamentary freedom, protecting testators, and increasing clarity and certainty in the law”.
The suggested reforms are set against the background of a society that has changed enormously since the mid 19th century. Among the major differences are that people are living longer (and are more likely to lose capacity), that many more individuals own expensive properties, and that electronic forms are rapidly replacing paper documents.
Commenting on the Law Commission recommendations Emily Deane, technical counsel and head of government affairs at STEP, said:
“Reform of the Wills Act is long overdue and is welcomed. It brings with it far-reaching implications particularly concerning the proposed abolition of the law that revokes a person’s will when they marry or enter a civil partnership.”
She added that the suggested change following marriage or civil partnership, which would mean it no longer revoked a will, represented a major success for campaigners who have worked to prevent predatory marriage.
The Law Commission’s Report and draft Bill will now be reviewed by the government, while STEP has called for a public information campaign to help families understand the consequences of any changes and to reduce the likelihood of disputed wills.
Ms Deane said:
“People need to be made aware ahead of any changes to the law, the impact, and the importance of having a will and keeping it updated. This will ensure that any changes do not lead to an increase in inheritance disputes and litigation, further strain on the legal system, confusion and distress for bereaved families.”
This article was submitted to be published by Fraser and Fraser as part of their advertising agreement with Today’s Wills and Probate. The views expressed in this article are those of the submitter and not those of Today’s Wills and Probate.
