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Winning the battle of wills

30 October 2015 / James Ward
Issue: 7674 / Categories: Features , Wills & Probate
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How can we raise awareness of the need for solidly drafted wills, asks James Ward

Barely a week goes by without a major will or inheritance dispute being splashed across the pages of the UK’s foremost (tabloid) newspapers. Despite major campaigns to raise awareness of the need for a solidly drafted will—such as Will Aid or the recent “Choice Not Chance” campaign from the Ministry of Justice—not much ground appears to have been gained in the public consciousness so far. Recent research from Will Aid found that less than half (47%) of people in the UK have actually written a will, and 2014 research from YouGov unearthed that over a third of UK adults (34%) have never even heard of the Intestacy Rules, and only one in 10 know what they are or how they work.

Legal landscape

The current legal landscape has not necessarily helped the cause. First, will-writing is not a regulated area of law, which did not deem it a reserved legal activity in the Legal Services Act 2007. This

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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