Modernising wills

Andrew Bainham Emeritus Reader in Family Law and Policy University of Cambridge

This article considers the Law Commission’s recent proposals for modernisation of the law governing wills. The author highlights those of the Commission’s recommendations which will likely be of greatest interest to family lawyers as their focus is on family relationships.

Should children be able to make wills? As matters stand they cannot. The Commission however proposes that the age of testamentary capacity be reduced from 18 to 16 and that the family court be given jurisdiction to authorise the making of a will by an even younger ‘Gillick competent’ child. Attention then turns to the rule which invalidates gifts to witnesses their spouse or civil partner. An extension to the ‘cohabitant’ of a witness is proposed and the Commission further recommends extension of the rule to those who sign a will on the testator’s behalf and to those in equivalent relationships with them. The Commission proposes abolition of the marriage revocation rule. It does so particularly in the light of the necessity to combat predatory marriage. Consideration is then given to...