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Willing to change

While the Law Commission’s review of the outdated Wills Act is very welcome, industry schemes can do more to increase the public’s confidence in the will writing business, says Helen Hill

19 September 2014

The Law Commission estimates that over 40 per cent of the adult population still does not have a will and, of those that do, some will be found to be invalid at the time of need. The Law Commission has recently announced that this is because of the current archaic legislation that still governs this area of law. For those who choose not to clarify their wishes during their lifetime, the law imposes strict, out-of-date and restrictive provisions.

For those who do choose to make a will, the rules that have to be adhered to stem from legislation created in the 1800s. This has been criticised for being unworkable in practice and difficult to apply. Couple this with the fact that the wills and estate administration industry is totally unregulated (meaning anyone can set up a business to write wills or administer estates) and it is no w...

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