Its report, ‘Modernising wills law’, and draft Bill, published last week, would overhaul the legal framework established by the Wills Act 1837. It recommends electronic wills be valid, subject to ‘an additional formality requirement’. Other changes would reduce the minimum age from 18 to 16, and increasing protections for those who are coerced into making a will.
The commissioners expressed concern that the revocation of wills on marriage or civil partnership was motivating ‘predatory marriages’ where someone marries in order to inherit. They recommended abolishing the rule.
They also suggest giving judges the power to order a will be considered legally valid in ‘exceptional circumstances’ where the deceased’s intentions are clear but formal requirements have not been met. On the other hand, they warned the law does not provide enough protection against coercion. Where formalities have been complied with but there are reasonable grounds to suspect coercion, they recommend it be possible for courts to infer undue influence.
Hayley Robinson, private wealth disputes specialist, Stevens & Bolton, broadly welcomed the proposals but warned there could be a spike in disputes—both regarding the requirements of electronic wills and on the meaning of ‘exceptional circumstances’ where courts approve formally invalid wills.
Robinson said: ‘These proposals rip up nearly two centuries of learning on the creation of wills, mostly for good reason.
‘Particularly welcome is the recommendation to change the huge unfairness sometimes created by the automatic revocation of a will by marriage.’
Robinson urged ‘significant caution’ on electronic wills ‘as one of the few benefits of the current requirements for executing a will are the formalities creating a degree of protection from good old paper and ink’.
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