England: Solicitors back recognition of informal wills

The Society has made the proposal in a submission to the Law Commission, which is currently concluding a consultation on will reform, the Law Society Gazette reports.

The commission has suggested courts could have a “dispensing” power allowing them to recognise a will where the formal will-making process has not been strictly followed, but the will-maker’s intentions are clear.

It would include electronic messages or audiovisual recordings.

A recent Australian case in which an unsent draft text message on a man’s phone was accepted as his will recently made global headlines.

Joe Egan, president of the Law Society, said: ’When 40 per cent of people die without making a will we know there is more we can do to make the process accessible to the public. The lack of a formal will should not restrict a court from respecting someone’s final wishes when those can be proven - with appropriate safeguards against fraud.”

The Society also agreed with proposals that the legal age to make a will should be lowered to 16 and laws governing testamentary capacity should be brought in line with the Mental Capacity Act 2005.