For part 3 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Madhur Sharma on how she has been coping during these unprecedented times.
The legislation governing the creation of wills is 180 years old this year, and, surprisingly, much of it does remain useful and applicable. However, there have been significant changes over the course of the last two centuries, meaning that some aspects are outdated.
Unsurprisingly, technological advancements have impacted on how documents are generated, communicated and stored; something that the legislators back in 1837 could not have imagined or accounted for. More importantly, society has developed a better understanding of mental health and mental capacity. Despite this, the case law that determines whether a person has the necessary capacity to make a will is Banks v Goodfellow of 1870.
Today, the Law Commission has launched a consultation, "Making a Will", which you can find here, and will be open until 10 November.
The areas that this consultation aims to address include:
- Around 40% of adults in England and Wales have not made a will. The Commission would like to hear from both professionals and members of the public to understand why people fail to make a will;
- Understanding the difficulties experienced by families when, after someone passes away, a dispute arises over the validity of their will;
- A proposal to reduce the minimum legal age to create a will from 18 to 16; and
- A potential change to the law on “ademption”.
As solicitors, the proposed change to the law on ademption is particularly welcome. If a testator makes a gift of property that they no longer own at the time of their death in their will, the gift fails and the beneficiary is disappointed. This failure of a testamentary gift is known as ademption.
Unwittingly, many attorneys create this problem. In the instance that a person’s house is left to a specific beneficiary in their will, but their attorney sells their house to pay for their care home fees, the gift can no longer take effect on death.
Under the current law, if the attorney wishes to avoid the gift being adeemed, they must make a specific application to the Court of Protection for authority to sell. The proposed change in the consultation is to create an exception in the law if the assets have been disposed of due to events beyond the control of the testator.
If you have any questions in relation to this consultation, you wish to make a will or lasting power of attorney, or need advice as an attorney, please contact Sheree Green or our Personal Planning Team on 0121 214 3728. To find out more about the other services we offer at Anthony Collins Solicitors, please visit our website.
Last week, the NHF published its final version of its new Code of Governance and made some important changes from the previous draft that will impact on those housing associations looking to adopt it.
As the end of 2020 beckons, we take a look at what progress the Sterling market has made in its preparations for the end of the London Interbank Offered Rate (LIBOR) on 31 December 2021.
Finally, there is a glimmer of hope that perhaps the Covid-19 pandemic could be reaching its end.
For part 2 in this series of short podcasts, Chris Lloyd-Smith interviews senior associate Lisa Whitehouse on how she has been coping during these unprecedented times.
Delayed since Spring 2020 as the Government tackled the Covid-19 crisis, Tuesday 17 November saw the publication of the Social Housing White Paper, setting out the future regulation of the sector
In this ebriefing, we examine how the duty holder regime will apply to social housing providers with existing HRRBs in their housing stock.
Following Katherine's "heads up" last week, the Government has now confirmed that for claim periods post 1 December, employers will not be able to claim for employees who are serving their notice
For part 1 in this series of short podcasts, Chris Lloyd-Smith interviews solicitor Puja Desai on how she has been coping during these unprecedented times.
Over 100 trainees and future trainees from Birmingham joined the BTSS for a webinar to address concerns around training remotely and qualifying during a possible recession.
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