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 However, there have been significant changes over the course of the last two centuries, meaning that some aspects are outdated.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:
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.
The Academies Financial Handbook is updated annually by the Department for Education and the Education and Skills Funding Agency; it contains a number of governance requirements for academy trusts.
Supreme Court publishes key decision for those working in the UK’s gig economy.
From 6 April 2021, it will be the responsibility of medium and large private sector organisations to assess whether contractors working through an intermediary come within the ambit of IR35.
The 'Chocolate Snowman Appeal' is an amazing initiative that Anthony Collins Solicitors' (ACS) employees take part in every year.
The Building Safety Bill (the Bill) is said to be the most significant and wide-ranging change to the regulatory environment for higher risk building (HRBs) for over 45 years.
On 4 November 2020, the Restriction of Public Exit Payments Regulations 2020 (the Regulations) came into force; exit payments for the public sector were capped at £95,000.
The case was brought by the Official Receiver who sought disqualification orders under section 6 of the Company Directors Disqualification Act 1986 (CDDA 1986) against the seven trustees of Kids Company and its CEO. It illustrates well the tension between the role of a fulltime paid CEO of a large charity and the role of its board as voluntary trustees/directors.
At the end of 2020, The Charity Governance Code was updated or 'refreshed' as it is termed on its website.
Anthony Collins Solicitors is today (Thursday 11 February) revealing the scale of its social impact during 2020.
In their first podcast of this series, current and future trainees will discuss their journey and route to securing a training contract at Anthony Collins Solicitors.
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.