The role of advisers in implementing clients' testamentary wishes

How to avoid challenges to a will after a client death

clock • 4 min read

Elizabeth Sainsbury and Carmen Barragan-Lopez share their legal expertise in this article looking at the role of advisers in implementing clients' testamentary wishes

There are a number of obstacles that might prevent wills from taking effect, even when testators have a clear vision of their testamentary wishes. In order to achieve certainty in the outcome, it is crucial for professional advisers to be actively involved in clients' succession planning. A fresh look at wills The Law Commission's Consultation paper published in October 2023 suggests that the legal principles applying to wills may be outdated. For example, the governing statute dates back to 1837, and the test for testamentary capacity comes from an 1870 case. As it stands, the law ...

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