Law reform body proposes giving courts 'dispensing powers' in will disputes

Law Commission calls for overhaul of 1837 Wills Act in consultation paving the way for electronic and video wills

13 Jul 2017

Judges hearing contested will disputes could be given ‘dispensing powers’ under radical proposals that would also pave the way for electronic – and even video – wills.

Current formality provisions in the 1837 Wills Act require a will to be in writing and signed by two witnesses at the same time. The rules are strict and the courts are bound to reject a will as not valid if any of these requirements are not met, even in circumstances where there is convincing evidence of the true wishes of the testator.

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