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The Law Commission for England and Wales has said that the law around Wills should be updated and brought into the "modern world."
In a consultation which will last until 10th November the Commission is to consider whether texts, emails and other means of electronic communications should be recognised as a valid will in "exceptional circumstances."
Presently, for a Will to be legally valid it must be written by someone who is aged over 18, of sound mind and in the presence of two independent witnesses.
As part of their consultation the Law Commission is to consider the following proposals:-
• enabling the Court to dispense with the formalities for a Will where it’s clear what the deceased wanted;
• changing the test for capacity to make a Will to take into account the modern understanding of conditions like dementia;
• provide statutory guidance for doctors and other professionals conducting an assessment of whether a person has the required mental capacity to make a Will;
• New rules protecting those making a Will from being unduly influenced by another person;
• Lower the age for that a Will can be made from 18 to 16
Speaking with the BBC Professor Hopkins said "Our provisional proposals will not only clarify things legally, but will also help to give greater effect to people's last wishes."
We await the results of the consultation with interest!
At Ramsdens, we offer a specialist and affordable will writing service. To speak to someone about updating your Will or making a Will for the first time call us on 01484 821 500, text LAW to 67777 or email email@example.com .