Modernising Wills What the Law Commissions 2025 Proposals Mean for You

The Law Commission has released a landmark report proposing significant reforms to the law governing Wills in England and Wales. These recommendations aim to modernise the Wills Act 1837, making the process of Will making more accessible, secure, and reflective of contemporary society.

Key Proposed Changes

1. Abolition of Automatic Revocation of Wills Upon Marriage

Currently, getting married or entering into a civil partnership automatically revokes an existing Will, which can lead to unintended consequences, especially if a new Will isn't promptly made. The Law Commission recommends removing this rule to prevent situations where individuals are unintentionally disinherited due to remarriage, a concern particularly relevant in cases involving vulnerable individuals and predatory marriages.

2. Recognition of Electronic Wills

The Law Commission proposes allowing electronic wills, provided they meet strict security and authenticity standards. This change aims to make preparing a Will more convenient while safeguarding against fraud.

3. Simplification of Will Formalities

The current requirements for a Will to be considered valid can be complex and rigid. The proposed reforms suggest a more flexible approach, allowing courts to uphold Wills that clearly reflect the testator's intentions, even if they don't meet all formal requirements. This change seeks to reduce the number of Wills deemed invalid due to technicalities.

4. Enhanced Protection Against Undue Influence

Proving that a Will was made under undue influence is currently challenging. The Law Commission recommends that courts be allowed to infer undue influence based on surrounding circumstances, making it easier to challenge Wills that may not reflect the true intentions of the testator.

5. Updated Mental Capacity Standards

The assessment of a person's capacity to make a Will would align with the Mental Capacity Act 2005, replacing current separate tests for the capacity to make a Will. This update aims to provide clearer guidance, particularly in cases involving conditions like dementia.

Implications for You

These proposed changes are designed to make preparing a Will more straightforward and reflective of individual intentions. By using digital solutions and simplifying legal formalities, the aim is for the process to become more accessible. Enhanced protections aim to safeguard vulnerable individuals from exploitation.

It's important to note that these are recommendations and have not yet been enacted into law. The government will consider these proposals, and any changes will be subject to parliamentary approval.

You can read the full report here: Wills-Report-Volume-I-Report-Final.pdf

Next Steps: Get in touch

If you would like to discuss your Will then please don’t hesitate to reach out to our team of legal experts at John Hodge Solicitors, conveniently located throughout the South West, with offices in Bridgwater, Bristol, Clevedon, Wedmore, Weston-super-Mare and Yatton.

You can contact us either via our website, or by calling us on 0800 097 8611.