Stepfamilies empowered to challenge wills

The Law Commission says Wills are some of the most important documents people might sign during their lives. The problem is that the law is old-fashioned, dating back to Victorian times. It doesn’t take account of modern lives and changes in technology and medicine. 

 

Currently you can choose to leave your assets to anyone you choose. However, if someone can prove they depended on you financially, they can challenge your Will, even if you excluded them. 

 

The new report recommends allowing claims from possible heirs when two people make Wills binding each other when one dies. Currently, challenges exclude family homes covered by these mutual Wills. 

 

However, people now live longer and might start new families or lose mental capacity to make a new Will. For new and blended families, the current rules can leave out possible beneficiaries. 

 

If approved, the Law Commission’s recommendation could increase settlements, possibly leading to more challenges. While people don’t often make mutual Wills, the change could make a big difference to those affected. 

 

The Law Commission began its review of the law concerning Wills in 2016. In 2019 this work stopped to allow a review of rules concerning marriages. 

 

It has now published draft legislation intended to improve protection for the elderly and vulnerable. It also recommends consideration of electronic Wills, and that marriage shouldn’t invalidate a Will anymore. It also proposes people over 16 should have the right to make a Will. 

 

It suggests the courts should recognise more informal Wills when appropriate. Rules could also change concerning mental capacity and when people can make decisions for themselves. 

 

The courts have already seen a sharp increase in disputes, particularly concerning the validity of Wills. This can lead to confusion and uncertainty and even damage family relationships. If the new recommendations provide more clarity, they could give comfort to many people who have recently lost a family member. 

 

The government says it: ‘…recognises that the current law is outdated, and we must embrace changes, but the guiding principle will be to ensure reform does not compromise existing freedoms or protecting the elderly and vulnerable.”