Major Step Toward Modernising Wills Law

The Law Commission has today published its much-anticipated final report on the reform of Wills law — a landmark moment for our profession and for the future of estate planning in England and Wales.

This long-overdue review proposes changes designed to bring Wills legislation, much of which dates back to the Victorian era, into line with today’s digital, demographic and legal realities.

Key recommendations include:

✅ Electronic Wills: Legally recognising secure digital Wills that meet strict safeguards for fraud prevention and testator capacity.

✅ Capacity: Aligning the legal test for testamentary capacity with the Mental Capacity Act 2005 — ensuring clarity and consistency across jurisdictions.

✅ Marriage No Longer Revokes a Will: Scrapping the outdated rule that marriage automatically invalidates a Will, offering greater protection against predatory marriage and reflecting modern relationship dynamics.

✅ Dispensing Powers: Empowering courts to uphold invalid Wills where clear testamentary intention is evidenced — including via video, audio or electronic notes.

✅ Undue Influence: Making it easier to challenge Wills where coercion is suspected, by allowing courts to infer undue influence when there are reasonable grounds.

✅ Minimum Age Lowered: Enabling individuals aged 16 and over to make a valid Will, in line with other legal decisions and responsibilities at that age.

✅ Rectification & Gifts: Clarifying when courts can correct drafting errors and addressing anomalies around witness-connected gifts, especially among cohabiting couples.

This is a pivotal moment for estate planning professionals. As we face the realities of an ageing population, digital asset management, and the largest intergenerational wealth transfer in history, these reforms are both timely and necessary.

🔗 Read the full report and summary on the Law Commission’s website:

👉 https://lawcom.gov.uk/project/wills

We will be reviewing the report in detail and will share further insights, commentary, and in the coming weeks. As always, we welcome your thoughts and questions.