On Friday 16th May 2025 the Law Commission published a detailed proposal outlining their recommendations to modernise the law surrounding Wills. Solicitor Josh Bourke explains the plans.
The Wills Act 1837 sets out the legal rules about how a Will must be made in order to be valid and enforceable. It is safe to say the world has changed since 1837, and changes should be made to better reflect the society we currently live in. The highlighted recommendations are:
- Enabling electronic Wills
The Law Commission recognises that the current act does not provide for Electronic Wills. The recommendation is that they should be legally valid, provided they meet an additional formality requirement which would protect the testator and the security of the document.
- Abolishing the law that revokes a person’s Will when they marry or enter a civil partnership
As the law currently stands, when an individual marries or enters into a civil partnership, their Will is automatically revoked. The Law Commission have identified a number of cases whereby people have fallen victim to ‘Predatory Marriages’ and believe that the automatic revocation rule should be abolished to better protect people from financial abuse.
- Making it easier for a person’s wishes to be given effect
This would allow the Court to have more power to validate informal documents or even recordings as legal Wills. Particularly in cases where the deceased’s intentions were clear, even if they did not meet the legal requirements.
- Reducing the minimum age at which a person can make a Will from 18 to 16
Currently, the minimum age a person must be to make a Will is 18 years old. This can be problematic in cases where a child is terminally ill and does not want one of their parents to inherit from them or decide what happens to their body when they die. The Law Commission recommend that people should be able to make a Will from 16.
- Clarifying the requirement for mental capacity
There are currently two tests which apply to the question of testamentary capacity, it is argued both tests are confusing and a product of historical development. The Law Commission recommend that only one test should apply; the modern test in the Mental Capacity Act 2005.
- Increasing protection to those coerced into making a will
The Law surrounding Undue Influence (the occurrence of someone being pressured or coerced into making a Will that doesn’t reflect their true wishes) is currently, too difficult to challenge. Therefore, the Law Commission recommend that it should be possible for the Courts to infer that a Will was brought about by undue influence where there is evidence which provides reasonable grounds to suspect it.
Sarah Sackman KC MP has published an initial response stating: “The Government welcomes the Law Commission’s recommendations” and “recognises that the current law is outdated”. The Government will make further announcements once they have had the opportunity to consider the detailed report.
Whilst these recommendations are the very early stages, it certainly takes an important step toward bringing Will’s into the 21st Century. That said, the proposals must still pass through the full legislative process, a journey that make take several years before any changes come into force.