The laws on wills in England and Wales are set for their most significant update in almost two centuries. The Law Commission’s Modernising Wills Law report has proposed wide-ranging changes designed to make writing a will simpler, fairer, and more relevant to modern life. These reforms, expected to shape the future of will writing in the UK, could significantly affect how people protect their loved ones and manage their estate planning.
One of the headline reforms is lowering the legal age to make a will from 18 to 16. In exceptional cases, such as where a person is seriously ill, even under-16s may be allowed to make a will. This would give younger people more control over their affairs and ensure their wishes are respected.
The reforms also include the recognition of electronic wills and remote witnessing. With the right safeguards, wills could be created, signed, and witnessed digitally, including by secure video link. This modernisation reflects the way people now live and work and would bring the law on wills firmly into the digital age.
A further change is to update the legal test for mental capacity. The reforms would bring the legislation governing wills into line with the Mental Capacity Act 2005, creating consistency and better protecting vulnerable individuals. Stronger safeguards are also being proposed to prevent undue influence and predatory marriages, both of which can undermine a person’s true wishes.
Perhaps the most surprising change is the proposal that marriage will no longer automatically revoke an existing will. At present, a will is usually cancelled when someone marries, unless it was made “in contemplation of marriage”. Removing this rule would avoid confusion and prevent people from being left without a valid will after marriage.
These reforms are designed to make wills easier to create and harder to challenge. However, they also highlight why professional advice is more important than ever. Without clear drafting and proper legal support, the risk of disputes may increase.
At Penerley Solicitors, our expert wills and probate solicitors can help you review your will or create a new one that is future-proof and fully compliant with both current law and the proposed reforms. Whether you want to make a will in England & Wales, update an existing will, or ensure your estate planning reflects these upcoming changes, we are here to guide you every step of the way.
