Victorian Laws on Will Writing Under Review

A consultation paper has been issued by the Law Commission on reviewing and updating the rules around making a will.

Currently 40% of adults die intestate, that is to say without a will, which means that their estate may not be distributed in accordance with their wishes. The Commission is concerned that there is a general lack of understanding around having a will and managing your affairs. For instance many people do not realise that marriage will revoke an existing will.

The paper is also suggesting that the current laws do not reflect modern day society and is proposing changes such as electronic wills and reducing the age at which you can make a will from 18 to 16. Professor Nick Hopkins, the law commissioner in charge of the project said “Making a will and passing on your possessions after you die should be straightforward. But the law is unclear, outdated and could even put people off altogether.”

James Rann, 17 July 2017
CEO of Warren’s Law and Advocacy

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