Wills Reform Remains on the Agenda as Law Society Confirms Ongoing MoJ Discussions
What practitioners need to know about the latest conversations around wills and probate reform
The Law Society of England and Wales has confirmed that it remains in communication with the Ministry of Justice on the progress of wills and probate reform.
This article is based on reporting by Today’s Wills and Probate:
“Our focus is on wills reform” Law Society says, as it confirms ongoing MoJ discussions
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Reform remains under discussion
Speaking at the Law Society’s Private Client Conference, Charlotte Garvey, policy adviser in private client and tax law, confirmed that the Law Society is continuing to engage with the Ministry of Justice on wills and probate reform.
According to the report, the Law Society’s messaging remains consistent: reform should involve the profession, protect testamentary freedom and reflect the realities of the modern world.
“It is an area under increasing pressure, with complex family structures, advances in technology and ongoing access to justice concerns.”
Garvey explained that the Law Society’s role is to uphold access to justice and support practitioners, particularly as the sector faces increasing complexity.
No immediate draft bill expected
Although the King’s Speech did not include any reference to wills reform, Garvey said the issue has not been forgotten by government.
No official response has yet been received, and no announcement or draft bill is expected in the short term. However, the latest communication indicates that the Law Commission’s 2025 report is being treated as an extensive piece of work requiring detailed consideration.
For practitioners, the message is clear: reform may not be immediate, but it remains firmly on the agenda.
Why wills reform matters
The need for reform reflects several pressures affecting modern estate planning, including:
- more complex family structures;
- advances in technology;
- ongoing access to justice concerns;
- the need to protect testamentary freedom;
- the importance of keeping the law aligned with modern life.
For will writers and estate planning professionals, these issues are not abstract. They affect the advice clients need, the risks practitioners must manage, and the processes that underpin valid testamentary documents.
Probate rules are also under review
The discussion also touched on reform of non-contentious probate rules, an area where progress has been under discussion for many years.
Garvey noted that consultation on new draft rules dates back as far as 2013, when a complete set of rules was produced but never reached statute.
The government now recognises that change is needed, particularly in light of advances in technology and changes in practice since the Covid-19 pandemic.
A working group has been created to review the rules, with an open remit to modernise procedures and simplify language.
Importantly, legal practitioners are part of that working group, helping to ensure that the practical views of those working in the field are represented.
Publication expected in the near future
The findings of the working group were originally expected towards the end of 2025. They are not yet public, although the Law Society reportedly expects publication in the near future.
For those working in wills, probate and estate administration, this will be an important development to monitor.
Frustration over delays
During the same panel discussion, Juliet Brook, Associate Professor in Property Law at the University of Reading, criticised the pace of progress.
“It’s a year since the report, which was 10 years in the making.”
Brook noted that many areas of the Law Commission’s report were practical, sensible and straightforward, arguing that the government should be able to respond more quickly.
She acknowledged that some areas are more contentious, but said these had already been carefully set out in the report, supported by extensive research and argument.
What this means for practitioners
While reform is not expected immediately, practitioners should remain alert to future developments.
Any changes to wills or probate legislation could have a direct impact on:
- how clients are advised;
- how instructions are taken;
- how testamentary freedom is protected;
- how modern technology may be used;
- how probate processes are explained and administered.
The continued involvement of the profession will be essential to ensure that any reform is workable, clear and focused on protecting clients.
In summary
Wills and probate reform may not be moving quickly, but it remains an active area of discussion between the Law Society and the Ministry of Justice.
For will writers and estate planning professionals, the key message is to stay informed. Reform should protect testamentary freedom, involve the profession and reflect the realities of modern families, technology and client needs.