The Law Commission has recommended that the age of capacity to write a will should be lowered from 18 to 16. The review was apparently triggered by the case of JS last year, which involved a 14-year old girl who was dying of cancer. She wished to make arrangements for her body to be cryogenically frozen, in the hope that in the future a cure will be found.

It seems hard to justify that a 16-year-old can be capable of legally having a child and marrying (with parental consent), and leaving home, but not determine what happens upon their death. An argument concerning this is that as a child under the age of 18 cannot own property or land, or enter into a binding contract concerning the same, how can they seek to legally dispose of it. The same is true for making Powers of Attorney.

We have seen recent political debate concerning the age at which one should be allowed to vote, with some arguing that the age should be dropped to 16. Somebody under the age of 18 is considered a child as far as the criminal courts are concerned.

According to the NHS, as far as health is concerned, somebody aged sixteen or seventeen is presumed to have sufficient capacity to decide upon their own medical treatment, unless there is evidence that indicates otherwise.

The incongruity in our legal system between different ages of consent surely needs addressing.

It has been estimated that 40% or less of the population has a will. The rules of intestacy determine what happens to somebody’s assets if they die without leaving a will. Perhaps we should be introducing information about making wills and taxation into schools.

If you require information about making a will, please contact Taylors Solicitors on Taylorssolicitors1@outlook.com.