Major reform to Wills law proposed, what could it mean for you?

The Law Commission has published a landmark report recommending wide-ranging changes to the law on making a Will, changes that could affect millions of people in England and Wales.

While the proposals have been welcomed by many legal professionals, they are not yet law.

The Modernising Wills report, accompanied by a 70-page draft bill, sets out recommendations to bring the law (much of it dating back to 1837) in line with modern life.

The Government has said it will consider the proposals carefully before deciding whether to proceed.

Wills reform – A decade in the making 

The current legal framework for Wills has remained largely unchanged for nearly two centuries.

While it has stood the test of time, society has changed dramatically.

We live longer, our relationships are more varied, and technology now plays a major role in how we organise our lives, including our finances.

The Law Commission has spent nearly ten years consulting on how to make the law more relevant, flexible and accessible, without weakening vital protections against fraud or coercion.

What are the proposed changes?

The report suggests a number of updates, including:

• Lowering the minimum age for making a Will from 18 to 16
• Allowing Wills to be made electronically, provided safeguards are in place
• Introducing a dispensing power, allowing courts to uphold a Will even if it does not meet formal requirements, as long as the person’s intentions are clear
• Removing the rule that a Will is automatically revoked on marriage
• Allowing gifts to witnesses or their partners, which are currently void
• Applying the Mental Capacity Act 2005 (the Act) as the legal test for capacity to make a Will

These changes aim to modernise how Wills are made and interpreted, and to ensure they reflect the complexities of modern life.

Ensuring your Will is future-proofed

Even if not all the proposals are adopted, some form of change is likely.

This makes it a timely moment to review your existing Will, or to make one if you have not already.

A Will made years ago under very different personal circumstances may no longer reflect your wishes, and even if the law does change in future, a well-drafted Will today is still your best protection.

Don’t wait for the law to catch up. Talk to us now and protect your future, your way.

Contact us today to book your Will review or consultation.

Bio Latest Posts

Lauren Richardson-Kellam

Paralegal – Wills and Powers of Attorney

My legal career started in 2011 as a legal secretary. Over the years I have gained a great deal of insight in many areas of law, especially in relation to Private Client work.

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