Major Will Reforms on the Horizon
The Law Commission has recently published a draft bill that could bring the biggest shake-up to Wills law in England and Wales in nearly two centuries. The Law Commission’s Modernising Wills Law draft bill proposes a range of updates to the Wills Act 1837.
What’s Changing?
Here are some of the key reforms the draft bill is proposing:
1. Lowering the age for making a will
One of the most notable changes is the proposal to reduce the age at which someone can legally make a will from 18 to 16. This reflects a growing recognition that younger people can make informed decisions about their affairs, especially if they face serious illness or have assets of their own.
2. Recognising electronic wills
In the digital age that we live in, the idea of being tied to pen and paper feels increasingly outdated. The draft bill introduces the possibility of legally valid electronic wills, with proposed safeguards in place to make sure they’re genuine. If done right, this could make writing a will much more convenient and accessible.
3. Marriage won’t automatically cancel your will
Currently, getting married or entering a civil partnership automatically invalidates any previous will, unless you’ve clearly stated otherwise. This rule has caused major problems, especially in cases where vulnerable people have been taken advantage of through so-called “predatory marriages”. The most well-publicised case of this kind may be that of Joan Blass (read the story of Joan on the Predatory Marriage UK website). The proposed changes would scrap this rule, offering better protection for at-risk individuals.
4. Updating how we assess mental capacity
The draft bill also suggests replacing the old test for mental capacity (which dates back to 1870) with the standards set out in the more modern Mental Capacity Act 2005. This change should make it easier to understand whether someone has the capacity to make a will, particularly if they’re dealing with conditions like dementia.
5. Tackling undue influence
The reforms would make it easier for courts to step in if there’s evidence someone was pressured or manipulated into making a will. The burden of proof would shift to those who benefit from suspicious circumstances, which could help protect people from coercion.
What Does This Mean?
These proposals have been welcomed by many in the legal profession. The Law Society and STEP (The Society of Trust and Estate Practitioners) say they’re a step in the right direction, especially regarding digital wills and safeguarding vulnerable people. That said, some concerns remain.
There are concerns about the implementation of electronic wills and how these will be secured. There are also concerns about the need to educate the public about the importance of updating their wills after major life events.
For now, the draft bill is with the government to review and consider. Sarah Sackman KC (Minister for Courts and Legal Services) has responded to the draft bill advising that “The Government will make further announcements in due course, once it has given the report the detailed consideration it deserves”, so only time will tell what if any this draft bill shall have.
Making a Will
If you would like to enquire about making a Will then please get in touch with our legal team for advice.
Our Fees
- Single Will (non-complex) – £100 + VAT (20%)
- Joint/Mirror Will (non-complex) = £150.00 + VAT (20%)
For more complex Wills, a price can be given upon request.
For more information
To discuss your Will with a solicitor, call our office now on 0151 306 3694 or email ab@phoenixlegalsolicitors.co.uk. Alternatively, visit our Will Writing service page to learn more.
0151 306 3694 ab@phoenixlegalsolicitors.co.uk Will Writing services