The Law Commission has today published a draft bill proposing the biggest changes to Wills law in nearly 200 years. These long-awaited reforms aim to bring the Wills Act 1837 up to date with the realities of modern life.
Why Are These Changes Being Proposed?
The Law Commission’s recommendations are based on three key goals:
- To protect your right to decide who inherits your estate
- To safeguard vulnerable people from pressure, fraud or manipulation
- To make the law easier to understand and apply, reducing disputes and confusion
These aims reflect the need for a will-making process that is both robust and responsive to today’s world.
5 Key Proposed Changes
- Making Wills Electronically
The draft bill proposes provisions to allow Wills to be made and stored electronically, reflecting the digital shift in how we live and work. These wills would be subject to rigorous security and authenticity requirements to guard against fraud. - Wills Will No Longer Be Cancelled by Marriage
Currently, marriage or civil partnership automatically revokes a will unless made in contemplation of that marriage. The proposed reforms would abolish this rule, protecting vulnerable individuals, particularly the elderly, from disinheritance due to so-called ‘predatory marriages’ and accounts for modern attitudes to marriage. - Lowering the Age to Make a Will to 16
Under the proposed changes, anyone aged 16 or over could make a will. This change recognises that young people, especially those who own assets, have children, or are in the armed forces, should be able to set out their wishes legally. - Clearer Rules on Mental Capacity
At present, different legal tests are used to decide whether someone is mentally able to make a will. The Law Commission recommends using the Mental Capacity Act 2005 across the board, with guidance that draws on existing case law (Banks v Goodfellows). This would give more clarity and consistency, especially helpful for families dealing with dementia or other age-related conditions. - Stronger Protections Against Undue Influence
The new proposals would make it easier for courts to step in where there is evidence that someone was pressured or manipulated into changing their will, offering greater protection to those at risk.
Please note: These changes are proposals only and have not yet become law.
Why It Matters
The way we live has changed dramatically since the 1830s. These proposals reflect:
- Changes in family life and relationships
- The growth of digital technology
- Increased awareness of abuse and coercion
- The importance of clarity to avoid family disputes
These updates would make it easier and safer for people to record their wishes and ensure they are respected.
How McHale & Co Can Help
At McHale & Co, we’re here to make the process of writing or updating your Will as clear and stress-free as possible. Our Private Client team keeps up to date with the latest legal changes and can explain how they might affect you. Whether you’re making your first Will, reviewing an old one, or looking for advice on complex family or financial arrangements, we’re here to help. Contact us today to speak to one of our friendly, experienced solicitors.
The changes discussed in this article are proposals only and have not yet become law. They are part of a draft bill published by the Law Commission and may be subject to amendment or may not be enacted at all. This article is for general information purposes only and should not be relied upon as legal advice. For advice tailored to your specific circumstances, please contact one of our qualified solicitors.