Introducing a dispensing power in English succession law

Abstract

Abstract Executing a will is one of the most important legal acts that a person will undertake. To be valid, the will must comply with the formality requirements in the Wills Act 1837. However, some wills fail to do so, and are invalidated on technicalities. Other jurisdictions, such as Australia, have given the courts a dispensing power to validate documents that would otherwise fail as wills, provided that it represents the testator’s true testamentary wishes. This article will consider whether such a dispensing power should be introduced into English law.