Law Commission: Making a Will Consultation

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Law Commission: Making a Will Consultation The Law Commission yesterday (13/07/17) published a consultation paper on the law surrounding Wills. The consultation includes various comments, recommendations and areas for discussion. A brief summary of the main provisions of the consultation paper can be found below. Dispensing Power A number of foreign jurisdictions have what is known as ‘Dispensing Powers’ which allow a court to recognise a Will as valid even if it did not comply with all formalities requirements. The Law Commission proposes similar powers be introduced in England and Wales to act as a safety net for those who have tried to make a Will, but failed to follow the correct formalities. These would be dealt with on a case by case basis and would not introduce a method of making a Will, maintaining that, for example, an unwitnessed Will would not be simply admitted to probate, and it…

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