Will Reform: The Key Changes
The law relating to wills is likely to change. The proposed changes are important and will make a difference to many of us. We have summarised the key points below. While there are many benefits to the Law Commission's proposals, we recommend consulting your solicitor if you have any questions about the proposed new rules.
The key changes are:
If you have made a valid will, this will no longer be automatically revoked on marriage.
The test for whether a person has the mental capacity to make a will would be aligned with the general law.
The age at which one can make a will is to be lowered from 18 to 16.
For many of us, the most important point is that marriage will not cancel a will. As the law currently stands, marriage automatically voids wills, an often unforeseen consequence. This means that you will die intestate if you do not make a new will after getting married.
The intestacy rules are complicated, and the process of settling estates where a person dies without a valid will can take a long time and be expensive. Ultimately, the wishes of the person who has died may well not be reflected by the law that is applied.
This legal point has been abused by individuals who have pursued predatory marriages in the knowledge that they will be entitled to automatically benefit under the intestacy rules by being the spouse. This may be far from the intention of the person who has died who may have provided for children, charities or friends to benefit from their estate.
The current law has also been criticised by commentators who believe that the rules do not reflect the modern society in which married people don’t somehow become the property of their loved one.
The changes have been widely welcomed and we will keep you informed about the progress of any draft bill and changes to the law.
This article was prepared by Tracy Coghill, our Client Experience Manager.