Modernizing the Law of Wills in the UK – Should Canada Follow Suit?

AuthorJohn O'Sullivan
DateJuly 17, 2017

The UK Association of Contentious Trusts and Probate Specialists (ACTAPS) has just notified its members as follows:

The UK Law Commission has on 13 July 2017 published its new consultation paper, “Making a Will”. The paper sets out the case for reform of this largely Victorian area of the law, makes provisional proposals and asks questions. Based on estimates that 40% of people who die every year haven’t made a will the Commission wants to make sure that the law around wills is working for everyone. It believes that the law of wills can do more to protect the vulnerable and to give expression to people’s testamentary wishes.

Proposed plans include:
·Introducing a power to dispense with the formalities for a will, to allow courts to recognise wills where the deceased’s testamentary intentions are clear;
·Enabling electronic wills provided that there is sufficient protection for testators against fraud and undue influence;
·The creation of a separate doctrine of testamentary undue influence;
·Bringing the test for testamentary capacity within the Mental Capacity Act 2005 to take into account modern understanding of conditions like dementia; and
·Reducing the age at which a will can be made to 16.

Alongside these, and...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT