Law Commission Proposes Shake - Up Of 'Victorian' Will Rules
The Law Commission has announced that it is launching a consultation proposing that courts should be allowed to recognise electronic communications from a will maker in certain situations. It forms part of a major bid to update what they consider ‘Victorian’ rules around creating a will.
It would mean messages or emails from phones or tablets that are currently not valid under existing rules would be recognised if the will-maker has made clear their intentions and it is approved by the court.
People are also being asked their views on a proposed mental capacity test which takes into account the modern understanding of conditions such as dementia, and a suggestion that the age for making a will should be lowered from 18 to 16.
Law Commissioner Professor Nick Hopkins said:
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