Last month saw The Court of Appeal take a less than sympathetic stance on a matter of improperly executed wills in the case of Marley v Rawlings. The decision underscores the importance of the care one must take when executing a will and warns of the dangers of failing to do so.

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The Court of Appeal has given a decision about signing a will by direction, which held that some positive communication is required to make the direction valid. It also held that it is a plainly undesirable aspect of the current law that beneficiaries are able to execute wills they benefit from, in any capacity. However, if that is to be changed, Parliament must change it.

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The Law Commission has released its report on intestacy. In this post we look at the development of the law of probate, the current law for people who don’t have a will, and the recommendation by the Law Commission that cohabiting couples should be able to inherit in the same way as married couple.

The report also includes this crucial statement:

If this Report has one over-arching message to the public, it is this: make a will and keep it under review.

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A case about the wills of a grandfather and father in the High Court has seen a three-year-old worth £750,000 have the date he can access his inheritance delayed by his mother. In a curious twist the boy’s mother represents the estate he is going to inherit and acts as his representative in court - otherwise know as his litigation friend.

The judge made a compromise between the mother’s wish to protect her son from reckless wealth, and the boy’s right to his money.

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