Article Tag: Law Commission

Wills To Reflect The Modern World

The law governing the making of Wills dates back to the 19th century. The age of the population has increased since then, dementia is widespread but our medical understanding of mental capacity has advanced. Family units have also changed, second marriages, children from previous relationships and cohabitees are now more common. Our estates are getting… Read more »

The law on wills is due a revamp!

The current law governing the interpretation and validity of wills in England and Wales is set out in the Wills Act 1837 as amended by other statues. Even though it has been around for almost two centuries, two thirds of the population still do not have a will. The test for capacity to make a… Read more »

When is a pre-nuptial agreement not a pre-nuptial agreement?

Despite the recent report of the Law Commission entitled ‘Matrimonial Property Needs and Agreements’ in which it was recommended that certain qualifying pre-nuptial agreements were to become legally binding, Mr Justice Holman has set aside a pre-nuptial agreement signed by Victoria Luckwell and Francesco Limata. The judge set aside the agreement even though he found… Read more »

Are pre-nuptial agreements to become officially legally binding?

In a very recent case concerning the breakdown of a marriage, the court has decided that they would enforce the pre-nuptial, or pre-marital agreement between parties, as it had been taken out before the marriage with the aid of legal advice. The judge referred to the details of the agreement in his judgment and to… Read more »

Law Commission: Bringing clarity to financial provision

The Law Commission has announced a targeted review of two key aspects of the law that enable married couples and civil partners to claim financial provision from one another on divorce or dissolution of their partnership. Disputes over finances and property between separating spouses or civil partners can lead to misery and expense. Although many… Read more »