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Will law should be brought into 'modern world' Will law should be brought into 'modern world'
(about 7 hours later)
The law around wills should be updated and brought into the "modern world", the Law Commission for England and Wales has said.The law around wills should be updated and brought into the "modern world", the Law Commission for England and Wales has said.
The current rules were "unclear" and could be putting people off from making a will, it added.The current rules were "unclear" and could be putting people off from making a will, it added.
It is considering whether texts, emails and other electronic communications should be recognised as a valid will in exceptional circumstances.It is considering whether texts, emails and other electronic communications should be recognised as a valid will in exceptional circumstances.
The commission has launched a consultation on the proposals.The commission has launched a consultation on the proposals.
'Outdated''Outdated'
Currently, for a will to be legally valid it must be written by someone who is 18 or over and of sound mind in front of two witnesses who are also both over 18. Currently, for a will to be legally valid it must be voluntarily written by someone who is 18 or over and of sound mind and be signed in front of two witnesses who are also both over 18 and must also both sign the will in your presence.
But the commission wants to change the existing formality rules where the will-maker has made clear their intentions in another form.But the commission wants to change the existing formality rules where the will-maker has made clear their intentions in another form.
It gives the example where a car crash victim has not made a formal will but has expressed their intentions in electronic or other messages, such as a text or email.It gives the example where a car crash victim has not made a formal will but has expressed their intentions in electronic or other messages, such as a text or email.
The family could then apply to a court to have those communications recognised as a formal will.The family could then apply to a court to have those communications recognised as a formal will.
These messages could only then be recognised as a will if a judge approved.These messages could only then be recognised as a will if a judge approved.
What happens if there is no will?What happens if there is no will?
Source: Citizens AdviceSource: Citizens Advice
The Law Commission acknowledged the proposals on electronic communications could cause family arguments or worse.The Law Commission acknowledged the proposals on electronic communications could cause family arguments or worse.
It said the plans could provide a "treasure trove for dissatisfied relatives" and lead to a "variety of avenues by which probate could become both expensive and contentious".It said the plans could provide a "treasure trove for dissatisfied relatives" and lead to a "variety of avenues by which probate could become both expensive and contentious".
But it said on balance it believed they should be recognised by the courts, noting that 40% of people currently die without making a will.But it said on balance it believed they should be recognised by the courts, noting that 40% of people currently die without making a will.
Law Commissioner, Professor Nick Hopkins, said making a will should be "straightforward" but the law was "unclear and outdated".Law Commissioner, Professor Nick Hopkins, said making a will should be "straightforward" but the law was "unclear and outdated".
"Even when it's obvious what someone wanted, if they haven't followed the strict rules, courts can't act on it."Even when it's obvious what someone wanted, if they haven't followed the strict rules, courts can't act on it.
"And conditions which affect decision-making - like dementia - aren't properly accounted for in the law."And conditions which affect decision-making - like dementia - aren't properly accounted for in the law.
"That's not right and we want an overhaul to bring the law into the modern world."That's not right and we want an overhaul to bring the law into the modern world.
"Our provisional proposals will not only clarify things legally, but will also help to give greater effect to people's last wishes.""Our provisional proposals will not only clarify things legally, but will also help to give greater effect to people's last wishes."
The consultation closes on 10 November.The consultation closes on 10 November.