The recent and final report from the Law Commission has called for major reform surrounding the laws around creating a will, an act that has remained mostly untouched since the victorian era. Tamasin Perkins, Partner at Charles Russell Speechly’s has shared her thoughts on the new implementation.
Tamasin Perkins, Partner at Charles Russell Speechlys, said: “The 1975 Act is a vital piece of legislation for those who have been unfairly left out of a loved one’s Will. But for too long, treating mutual wills as unavailable on a 1975 Act claim has created a loophole that has allowed some estates to sidestep those protections. We’ve seen first-hand how this can lead to unfair outcomes, often for children, step-children and financial dependants.
Closing this gap, as Recommendation 31 proposes, is a necessary and welcome reform. It will ensure the Act can be applied consistently, and will-planning can no longer be structured to avoid fair claims. That said, the current drafting looks rather imprecise in some areas, and needs tightening to ensure all mutual wills are properly caught.”
