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Britain to overhaul ‘Victorian-era’ wills law

Britain’s Law Commission has published Modernising Wills Law, proposing sweeping reforms to the law governing wills.

Currently, wills in England and Wales are primarily governed by the Wills Act 1837.

The commission states that the law has not kept pace with modern life, especially with the rise of digital documentation, longer life expectancy, and changing family structures.

Among the headline recommendations is giving courts a new “dispensing power”, allowing them to accept wills that do not meet strict formal requirements if they clearly reflect the person’s final wishes.

This reform could prevent situations where a will is deemed invalid due to minor technicalities, despite the testator’s clear intentions.

Another proposal is to lower the minimum age for making a will from 18 to 16.

The commission says that this would empower young people – particularly those who are terminally ill or estranged from their parents – to express legally binding wishes about their estates and funeral arrangements.

Prior will revocation

The commission recommends abolishing the rule that marriage or civil partnership automatically revokes a prior will.

This change targets so-called “predatory marriages”, where individuals exploit this rule to inherit from vulnerable partners.

The report also tackles undue influence. The commission proposes a test that would allow courts to infer undue influence if there are reasonable grounds for suspicion.

Other recommendations include recognising electronic wills, subject to strict safeguards, and replacing the outdated test for mental capacity with the modern standard used under the Mental Capacity Act 2005.

The report is accompanied by a draft bill for a new Wills Act. It is now up to the British Government to consider whether to adopt the reforms.

More accessible

Law Commissioner Professor Nicholas Hopkins said that the proposals would make the law “safer, fairer, and more accessible” for all, adding: “Everyone should be able to make a will that reflects their wishes without unnecessary barriers.”

England and Wales Law Society president Richard Atkinson said: “The Law Commission’s review on the laws around making a will is critical in allowing wills to reflect our times.

“We welcome the proposed amendments, which embrace technological developments such as electronic wills. It is vital, however, that appropriate safeguards are put in place to make sure people have the necessary mental capacity to make a will of their own accord. 

“As long as the necessary protections for the citizen are in place, reforming the laws around wills allows more people to effectively express their last wishes.”