The law surrounding wills in England and Wales is facing long-overdue scrutiny. As someone who advises individuals and families on their most personal and important decisions, Jessica Bird, Director & Solicitor at Waldrons welcomes the Law Commission’s recent proposals to reform and modernise the Wills Act 1837.
Jessica specialises in Wills, Probate, Powers of Attorney and Court of Protection work her role involves supporting clients through the complexities of estate planning with clarity and compassion. With more people living longer and experiencing blended family lives, these reforms are timely and necessary.
Why are changes being proposed now?
The Wills Act 1837, which underpins will-making law in England and Wales, is nearly 200 years old. In that time, society, technology and family structures have evolved dramatically. The Law Commission’s consultation reports propose major reforms to bring the law in line with today’s needs. The key objectives? To make will-making more accessible, robust and reflective of modern life.
People live longer, blended families are more common, and many manage their lives digitally. The Commission’s recommendations aim to safeguard vulnerable individuals while upholding testamentary freedom, the right to leave your estate as you wish.
Key proposed changes and what they mean for you
1. Electronic Wills
Perhaps the most anticipated reform is the possibility of electronic wills (e-wills). Currently to be valid wills must be in writing and signed in the presence of two witnesses. Although there was a brief period during Covid-19 when the law allowed electronic wills this has been repealed. Therefore, the Law Commission recommends laying the groundwork to allow valid digital wills in the future, although strict safeguards would still apply to prevent fraud.
What it means for you: While this won’t change immediately, we’re moving towards a future where creating and storing your will digitally could become a reality, making the process more convenient and secure. We already arrange for all our Wills to be registered with the National Will Registry and this would see an extension of this and the Law Commission have recommended all digital wills should be stored in a national database.
2. Abolishing the law that revokes a person’s will when they marry or enter a civil partnership
The Law Commission are concerned that the present law where a Will is automatically revoked on marriage or civil partnership motivates “predatory marriages”, (where someone marries a person in order to inherit from them, as a form of financial abuse). Most people are unaware that their will is automatically revoked and often do not realise their new spouses can potentially inherit the whole of their estate on their death.
What it means for you: If the law of revocation is abolished and you remarry you will need to review and put in place a new will if you want your new spouse to inherit anything from your estate. Even if this rules do not change it is always good practice to seek the advice of a professional as in many cases there are things we can suggest that mean both your new spouse your family are provided for as part of your wishes.
3. A More Flexible Approach to Testamentary Formalities
The Commission has suggested giving courts the power to dispense with the strict formality requirements if it’s clear what the deceased intended. For example, if a person writes their wishes in an email or a note but doesn’t follow all legal formalities, the court could still recognise it as a valid will in certain circumstances.
What it means for you: This offers protection if something goes wrong in the execution of your will. However, relying on informal documents is still risky with an estimated 40,000 homemade wills causing issues for families each year and the onus will still be on the family to prove the deceased’s intention. For this reason, professionally drafted wills shall remain the gold standard to ensure your wishes are honoured.
4. Lowering the Minimum Age to Make a Will
Currently, individuals can make a will at 18. The Law Commission proposes lowering the minimum age to 16 which would be in line with other laws in the UK that presume a child from the age of 16 has the capacity to make other types of decisions. It will also bring the UK in line with other countries that allow a16-year-olds to make a will.
What it means for you: If you’re over 16 you will be able to make a will. For example, if you are 16 and terminally ill you may not one of your parents to decide what happens to your body when you die, because that parent has not played a role in your life and would be able to specify this in a will.
5. Mental Capacity and Understanding
The Commission recommends aligning the test for testamentary capacity (a person’s ability to make a will) with the Mental Capacity Act 2005, which is already used in other areas of law, such as Lasting Powers of Attorney.
What it means for you: This would bring greater consistency and potentially offer better protection for vulnerable individuals, especially where conditions such as dementia may be present.
6. Undue Influence and Protection Against Abuse
The proposals include steps to make it easier to challenge wills where there is evidence of coercion or undue influence—particularly important as financial abuse of the elderly becomes more recognised.
What it means for you: More robust legal protections would help ensure your will reflects your true wishes, free from outside pressure. Even if the Law Commission’s recommendations are not enacted as law, a well drafted will, prepared by a professional can help allay any fears that your family may have about undue influence.
What Happens Next?
The Law Commission’s recommendations are not yet law. The Government must respond formally before any legislative change occurs. This process could take several years.
What Should You Do Now?
Do not wait for reform. If you’ve experienced a major life change like marriage, divorce, children, it’s vital to review or create your will now. Outdated wills can result in unintended consequences.
At Waldrons, we offer expert guidance to ensure your will is legally valid and reflects your true wishes, now and in the future. Please Contact Us or learn more about our Wills & Probate Services.
“The law may evolve, but the importance of having a clear and professionally prepared will remains constant. Future-proofing your wishes starts today.” — Jessica Bird, Director & Solicitor.
Useful references
- Law Commission – Making a Will
- National Will Register
- STEP – The Society of Trust and Estate Practitioners
- Gov.uk – Powers of Attorney
- Office of the Public Guardian – Safeguarding
