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The Law Commission announces a consultation on a drastic overhaul of legislation surrounding wills.

The Law Commission has begun a consultation on a drastic revision of the law relating to wills in England and Wales. The proposals put forward by the Law Commission will, if passed, represent a complete overhaul of the existing law and potentially drag it, kicking and screaming, into the modern era.

The consultation period will run until 10 November 2017.

The main proposal concerns the modernisation of the existing formality rules relating to wills. The Law Commission wants courts to be able to dispense with the formalities for a will, and recognise wills where the deceased's testamentary intentions are clear.

This appears all very well and good in principle, however there have already been concerns expressed by members of the legal profession that it is simply not going to be possible to introduce legislation which will recognise electronic wills and also offer protection against fraud and undue influence.

As the old adage goes… “if it ain’t broke….”.