Here’s what may be changing in the law

Making a will is one of the most important steps people can take to protect their loved ones and ensure their wishes are followed after death. However, the laws around wills in England and Wales are nearly 200 years old and are increasingly out of touch with modern life.

On the 16^th May, the Law Commission published a major report recommending changes to bring will-making into the 21st century. From digital wills to better protections for vulnerable people, these proposals aim to make the process simpler, safer and more reflective of today’s society.

In this article, we’ll take a closer look at each of the Law Commission’s key recommendations and explain what they could mean for you as a testator (the person making a will). Whether it’s reducing the risk of disputes, allowing greater flexibility, or making the process more accessible, these changes are designed to give people more control and confidence in planning for the future.

1. Electronic wills could soon be legal

Under current law, wills must be made on paper, signed in ink and witnessed in person. But as more of life moves online, the Law Commission has recommended that electronic wills become legally valid in the future. This could make the process more accessible, especially for people with mobility issues or those living abroad. Of course, safeguards would be put in place to prevent fraud or mistakes, but the aim is to bring wills law in line with modern technology.

2. Marriage would no longer cancel your existing will

At the moment, getting married automatically cancels any previous will you’ve made, unless it was made in contemplation of that marriage. This old rule has caught many people out and led to unintended consequences. The Law Commission wants to scrap this rule, so your existing will remains valid unless you choose to change it, helping avoid surprises and safeguarding people from manipulation, particularly in later life.

3. Better protection for people with reduced capacity

The current test for whether someone has the capacity to make a will is based on a legal case from 1870. The new proposals would bring it in line with the Mental Capacity Act 2005, which is already used in many other areas of law. This change would help ensure that people who have conditions like dementia are assessed fairly and consistently.

4. Courts could accept informal wills in certain cases

Sometimes a will doesn’t follow all the formal legal rules, but it clearly shows what the person wanted. Right now, that kind of will would usually be invalid. The Law Commission wants courts to have the power to accept informal wills in exceptional cases, as long as it’s clear what the person intended. This change would help prevent genuine wishes from being blocked due to technicalities.

5. Young people aged 16 and over could make a will

Currently, you must be 18 or over to make a will. But many 16 and 17 year olds today may have jobs, savings or even children. The Law Commission recommends lowering the age limit to 16, so more young people can take control of their future and make their wishes known.

6. No more gifts to witnesses (and their partners)

Today, if someone witnesses your will, they cannot benefit from it and the same goes for their spouse or civil partner. The Law Commission wants to expand that rule to include cohabiting partners as well. This change is designed to reflect modern family structures and reduce the risk of undue influence. It’s also suggested that if someone signs a will on your behalf (for example, if you can’t physically sign) they shouldn’t be able to receive gifts either.

What does this mean for you?

While these are just recommendations for now, they show a clear direction of travel. The law around wills is likely to become more fair, flexible and in tune with today’s realities. But for now, the current rules still apply and it’s more important than ever to ensure your will is up to date and legally valid.

If this report has prompted you to think about making a will or review an existing one, it’s a good time to take action. Please feel free to get in touch if you’d like advice or support with creating or updating your will. We’re here to help make the process straightforward and tailored to your needs.

You can also complete an online enquiry form. One of the Wollens team will contact you as soon as they are available.