The Law Commission has published its long-anticipated report Modernising Wills Law, proposing significant reforms to the nearly two-century-old legislation governing Wills. After eight years of consultations, it proposes a wide range of measures from lowering the age when a Will can be made to increased protections for those coerced into making a Will
One of the most striking proposals is the formal recognition of electronic Wills. The Commission, recognising the wide adoption of online technology across all parts of society, recommends that Wills created and stored electronically should be valid, provided they meet specific security standards.
Whilst that will streamline and make the creation of Wills easier and quicker, it will undoubtedly create new challenges. The Commission recognises that technology must be able to reliably verify the identity of the testator and witnesses, prevent unauthorised alterations and distinguish original documents from copies.
The Commission also suggests that making a Will should be available to those aged 16 rather than the current minimum age of 18. Given that 16-year-olds can make significant life decisions, particularly when faced with life-limiting illness, this is a welcomed move. The formal recognition of electronic Wills is likely to encourage greater adoption of Wills amongst younger adults.
There are several other notable changes.
Abolishing the rules that revoke Wills on marriage or civil partnership
Under the current rules, unless a Will is made in contemplation of marriage, a Will is automatically revoked on marriage and if a new Will is not created, the intestacy rules will apply. The Commission believes this is not widely understood by the public. It also believes the current rule can be exploited by enabling predatory marriages.
Reforming the capacity test
The current test for mental capacity when making a Will is based on case law dating back to the 19th century. The Commission points out that there is a much more recent test – found within the Mental Capacity Act 2005 – concluding that “there is no logical justification for two different tests”. It recommends that the 2005 Act should apply to all tests of mental capacity.
Enhancing protections against undue influence
Proving undue influence in the creation of a Will is notoriously challenging. The Commission recommends allowing courts to infer undue influence where there is sufficient evidence to raise suspicion, thereby shifting the burden of proof to those seeking to uphold the contested Will. This reform seeks to better protect vulnerable individuals from coercion.
Simplifying Will validity
Under existing law, a Will that fails to satisfy certain formal requirements is deemed to be invalid, regardless of the clarity of the testator’s intentions. The Commission proposes granting courts the discretion to uphold such Wills if there is clear evidence of the testator’s genuine intentions. This change aims to prevent unjust outcomes where technicalities override the deceased’s wishes.
The Law Commission has provided a draft bill alongside its recommendations. The government is expected to respond within six months and a full response is anticipated within a year.
If enacted, these reforms would represent the most substantial overhaul of Wills law since the Wills Act 1837, aiming to make the process of Will-making more accessible, secure, and reflective of individuals’ true intentions.
If you have any questions on how these changes might affect your Will or if you wish to review and update your Will contact our Private Client Solicitors.
Contact our Private Client Solicitors
If you are in need of advice or assistance on any of the legal issues mentioned in this article, please contact any member of our experienced Private Client team on 020 7631 4141 or email privateclient@bishopandsewell.co.uk
The above is accurate as at 10 June 2025. The information above may be subject to change.
The content of this note should not be considered legal advice, and each matter should be considered on a case-by-case basis.
