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Thursday, 13 July 2017

The Law Commission has published a Consultation Paper on Making A Will.   It covers a number of areas, including mutual wills (in chapter 12).  This is a doctrine whereby if two people agree not to change their wills, the survivor is sometimes effectively prevented from doing so after the first person dies.  Referring extensively to a paper by Brian Sloan and wills and probate solicitor Siôn Hudson, the Law Commission note that the doctrine can make it difficult for the survivor to respond to changes in his or her life after the first death.  To solve a problem highlighted by Hudson and Sloan, the Commission propose that property subject to a mutual wills arrangement should expressly be available to satisfy claims under the Inheritance (Provision for Family and Dependants) Act 1975.