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Law Commission consultation on making a will - Law Society response

17 November 2017

The Law Society has responded to a wide-ranging consultation from the Law Commission on reforming laws around making a will.

The consultation explores a number of issues, including aligning the test for testamentary capacity with that in the Mental Capacity Act 2005, empowering courts to give legal effect to wills where formality rules have not been strictly followed, and the role of electronic wills.

In its response, the Society welcomes efforts to bring the law on making a will into the 21st century, agreeing that courts should have the power to recognise and give legal effect to a deceased person’s final wishes where they have not strictly followed the formalities required to make a valid will - with appropriate safeguards against fraud. The response also recognises that adopting the test in the Mental Capacity Act will ensure the same test is applied whether a testator is executing a will, or the court is making a statutory will on their behalf.

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