The Law Commission’s plans to ‘Modernise Wills’ and make it easier to challenge one.
The Law Commission has proposed a series of major reforms to the law of wills in England and Wales to make it ‘fit for purpose in the modern age’. Their plans were published on the 16th May in a final report aimed at bringing clarity to their suggestions. With the current law still largely based on the 1837 Wills Act, these reforms aim to modernise the process, make it more accessible, and better protect vulnerable people from exploitation.
One of the most significant proposals is to allow electronic wills. At present, a valid will must be signed in ink and witnessed by two people physically present, a requirement that was proven to be difficult during the Pandemic and outdated in today’s digital world. The Commission suggests that once secure systems are in place, electronic wills should be legally recognised.
Another key recommendation is to end the rule that marriage automatically revokes a will. Under current law, getting married cancels any existing will unless it’s made in contemplation of that marriage. This can lead to unintended consequences. The proposed reform would keep a person’s will in place after marriage unless they choose to change it.
The Commission also aims to make it easier to challenge wills that may have been made under pressure. As it stands, proving undue influence requires strong direct evidence of coercion which if often difficult to obtain. Under the new proposals, courts would be allowed to infer undue influence from relevant surrounding circumstances making it easier to challenge a will based on suspicious behaviour.
Importantly, the test for mental capacity would also be updated. The Commission proposes adopting the more modern approach set out in the Mental Capacity Act 2005. This would bring much needed clarity in cases involving dementia or cognitive decline, areas where disputes often arise.
Lastly, the Commission recommends allowing courts to validate informal wills. For example, handwritten notes or digital messages, if there is clear evidence of the deceased’s intentions. While this may help in emergencies, it could also open the door to more complex disputes about what someone really intended.
Further reforms include tightening the rules around witnesses to prevent potential abuse and lowering the age at which a person can make a will from 18 to 16.
Together, these reforms aim to bring wills law into the modern age while offering greater security and fairness. The next step is for the Government to respond on whether they support any of the Law Commission’s. A full response is expected within the next 12 months.
If you think you may have grounds to challenge a will these reforms could strengthen your position. Early legal advice is vital. Our team can help you assess the situation clearly and take the right steps to protect your interests, whether under current law or in light of the proposed changes.
If you haven’t reviewed your will recently, or if you don’t yet have one, now is a good time to speak to a solicitor and ensure your wishes are properly protected.
For all wills/contentious probate advice and representation contact us at [email protected]
