England: Solicitors back recognition of informal wills
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The Law Society of England and Wales has said courts should be allowed to recognise informal wills as an expression of people’s final wishes.
The society made the proposal in a submission to the Law Commission, which is currently concluding a consultation on will reform, the Law Society Gazette reports.
The commission has suggested courts could have a “dispensing” power allowing them to recognise a will where the formal will-making process has not been strictly followed, but the will-maker’s intentions are clear.
It would include electronic messages or audiovisual recordings.
Joe Egan, president of the Law Society, said: ’When 40 per cent of people die without making a will 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.”
The society also agreed with proposals that the legal age to make a will should be lowered to 16 and laws governing testamentary capacity should be brought in line with the Mental Capacity Act 2005.
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