It has been a long time since Wills law was modernised – most of it is still governed by the Wills Act 1837 – but there are proposals afoot to bring it up to date. Last week, The Law Society released a report on modernising Wills law. It has welcomed the Law Commission’s recent proposals to reform the Wills Act 1837, aiming to modernise the legal framework for making wills in England and Wales. These changes address contemporary challenges such as digital advancements, the protection of vulnerable individuals, and the need for clearer legal standards.
Key Proposals in the Law Commission’s Consultation
- Electronic Wills
The Law Commission has proposed allowing wills to be made and stored electronically. This includes the possibility of executing and admitting electronic wills to probate, provided they meet stringent security and authenticity standards. The aim is to enhance accessibility and reduce the risk of fraud associated with digital documents . - Revocation of Wills Upon Marriage or Civil Partnership
Currently, a marriage or civil partnership automatically revokes a will. The Law Commission suggests abolishing this rule to prevent exploitation, particularly in cases of predatory marriages where vulnerable individuals may be coerced into changing their wills. People may not realise that their will has been revoked automatically by marriage or civil partnership, leaving them unintentionally intestate. - Mental Capacity and Undue Influence
The consultation proposes aligning the test for testamentary capacity with the Mental Capacity Act 2005, offering clearer guidelines for assessing an individual’s ability to make a will. Additionally, it introduces a presumption of undue influence in cases where gifts are made to individuals in positions of trust, such as carers or legal advisors. - Witnessing and Beneficiary Restrictions
To prevent conflicts of interest, the Law Commission recommends that individuals who are beneficiaries under a will, or their spouses or civil partners, should not act as witnesses. This measure aims to safeguard the testator’s intentions and reduce potential challenges to the will’s validity . - Lowering the Age for Making a Will
The proposal includes reducing the minimum age for making a valid will from 18 to 16, recognising that individuals in this age group may possess significant assets and should have the autonomy to manage their estate planning.
The Law Society’s Stance on modernising wills law
The Law Society supports most of these proposals, emphasising the need for reforms that protect vulnerable individuals and adapt to technological advancements. However, it also highlights the importance of ensuring that any new measures, particularly those related to electronic wills, include robust safeguards against fraud and undue influence .
The proposed Wills Bill is now in draft to implement these changes. These reforms, if implemented, will mark the most significant overhaul of wills law since the 19th century, bringing it in line with modern practices and societal needs.
Chiltern Wills is a Will writing business based in Beaconsfield and run by former London solicitor Rebecca D’Arcy. Call or email us to discuss how we can help you with your Will, lasting powers of attorney or probate.
