A report proposing changes to the laws involving wills “boldly addresses the concerns that the charity sector has had with the existing legislation”, according to the chair of the Institute of Legacy Management (ILM).
On Friday, the Law Commission published a draft bill of reforms to modernise the law of wills in England and Wales.
Today, representatives of the ILM and sector consortium Remember A Charity have welcomed the proposals, which aim to make will-making more accessible and reflective of modern society.
The government also welcomed the report, which proposes lowering the minimum age at which a person can make a will from 18 to 16, and pledged to give it “detailed consideration”.
Proposed changes
The Law Commission’s proposed changes include validating electronic wills, subject to safeguards, and increasing protection for those coerced into making a will.
It proposed abolishing a law that revokes a person’s will when they marry or enter a civil partnership.
The commission proposed making it easier for a person’s wishes to be granted when their will does not meet formal requirements but their intentions are clear.
And it aimed to clarify that the requirements for a will-maker’s mental capacity will be based on the Mental Capacity Act 2005.
‘A key moment’
James Stebbings, chair of the ILM, said: “We welcome the Law Commission’s proposals, which we believe will help ensure that people’s final wishes will be upheld by the law.
“The report is ambitious and boldly addresses the concerns that the charity sector has had with the existing legislation.
“There is a lot to digest but we will work with our members to identify what the implications of the changes will be and to help them adapt to these.”
Alex McDowell, vice chair of Remember A Charity, said the proposals represented a “key moment in the evolution of the environment for charitable wills”.
“The ambition behind these proposed reforms is to modernise wills law, particularly around making it easier and more intuitive for people to leave gifts to the causes they care about,” he said.
“However, this is a complex area of law, and it will take time to fully understand the implications for charities and legacy giving.
“We are committed to working with government, legal experts, and the wider charity sector to explore what this means in practice and to ensure the voice of the sector continues to be heard.”
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