The Law Commission have undertaken a review of current laws governing Will-making and have made many recommendations that could, if implemented, completely revitalise the roles of Will writing solicitors in North Wales.
It is worth noting, however, that the recommendations made are not currently lawful, so should be treated as possibilities only.
For example, at this time, when a testator’s capacity to make and understand the Will making process is questioned, the Mental Health Capacity Act 2005 is not used. However, it has been suggested that it should be applied to Will making in the same way it is used to gage other decision making.
Another possible change could be giving the law courts much more power than they currently have to challenge any errors identified on Wills. The court may also become able to allow gifts to be distributed to witnesses to the Will document. Currently, when someone is asked to be a witness, they are not allowed to be a beneficiary.
Wills solicitors in North Wales might also be able to advise on possible upcoming changes to the Inheritance (Provision for Family and Dependents) Act 1975. If approved, the changes could prevent the limitations of having mutual Wills and allow for awarding a better financial deal to the partner of the deceased if appropriate. The introduction of electronic Wills is another potential update.
Take a moment to contact us now at Bennett Smith Solicitors, and ask for an appointment to have a chat about Wills and Will making.