The Law Society has said courts must be permitted to recognise people’s final fantasies in situations where there is a will that was valid not provided.
Chancery Lane said now that the deficiency of a formal will shouldn’t restrict a court from respecting somebody’s dreams — provided they can be safeguarded from fraud.
The Society was responding to the Law Commission’s consultation to would reform. Tomorrow the consultation, which suggests reform to the centuries-old law, closes and will later be evaluated by the authorities.
Among the suggestions was to provide courts a ‘dispensing’ power. This might give courts the capacity to recognise that a will in cases where the will-maker has made their intentions clear although where formality rules have never been followed.
The commission said this could include a will sent via recording or an email.
‘Our preliminary view is that any dispensing provision in law’s reach ought to be drawn widely. Have been a dispensing ability to be released, there are powerful arguments that it must apply not just to traditional written records, but also where testators express their testamentary intentions in a digital format, in addition to within a sound or audio-visual recording,’ the consultation report said.
Joe Egan, president of the Law Society, said: ‘we understand there’s much more we can do in order to make the process available to the general public When 40 percent of individuals die without making a will. A court should not be restricted by the lack of a formal will from respecting someone fantasies when individuals could be proven – with safeguards against fraud.’
The Society also agreed with the commission that the age to produce a will need to be lowered to 16 and that legislation ought to be updated so that they’re in tune with the Mental Capacity Act 2005.
Egan explained this would bring clarity to courts and protect their individuals in society’s rights.
Yesterday, attorneys advised the Gazette that the authorities should look at making will-writing a regulated activity to prevent fledgling services offering their services at a lower price.