Today, the Law Commission released its long-awaited report following consultations on reforming Wills law. While the proposals aren’t law yet, they signal a major overhaul of how Wills could be made, updated, and interpreted in the future.

Here are some key recommendations from the report:

1. Lowering the age to make a Will from 18 to 16
2. Allowing for Electronic Wills
3. Marriage or civil partnership no longer automatically revoking an existing Will
4. Applying the Mental Capacity Act 2005 to decisions about testamentary capacity
5. Extending restrictions on gifts to witnesses (and their spouses/civil partners) to also cover cohabitees
6. Giving the Court power to allow gifts to witnesses in some cases
7. Letting the Court waive legal formalities where appropriate
8. Allowing evidence of undue influence to challenge the assumption of valid intent
9. Giving Courts wider powers to fix errors in Wills
10. Amending the Inheritance (Provision for Family and Dependants) Act 1975 to stop mutual Wills from limiting the Court’s ability to make reasonable financial provision

And perhaps most significantly – the proposal to introduce an entirely new Wills Act, replacing the legislation from 1837.

These are still just proposals, and it will take time before any changes come into effect. But the direction is clear, the law around Wills is set for a much-needed refresh.

We’ll keep you updated as more details emerge and the recommendations are considered further.

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About the author: Sam Turner