The Law Commission has published its final report, Modernising Wills Law, recommending significant updates to the Wills Act 1837 to align with modern societal and technological developments.
Key Proposals in the Modernising Wills Law Report:
- Electronic Wills: Introduction of legally valid electronic wills, subject to stringent security measures, to reflect the digital age.
- Marriage and Wills: Elimination of the rule where marriage automatically revokes an existing will, aiming to protect individuals from potential exploitation, such as predatory marriages.
- Undue Influence: Enhanced safeguards against undue influence, allowing courts to consider broader circumstances when determining the validity of a will.
- Testamentary Capacity: Clarification that the Mental Capacity Act 2005 provides the standard for assessing an individual's capacity to make a will, replacing outdated common law tests.
- Informal Wills: Provision for courts to accept informal wills that clearly express the testator's intentions, even if they don't meet all formal requirements.
With reform on the horizon, it may be an ideal time to review your will. Speak to NSS Legal to ensure your arrangements remain valid and reflect your intentions.