The Intellectual Property Office (IPO) has rejected a challenge by a descendant of the artist...
The Law Commission has published its long-anticipated report, Modernising Wills Law, setting out a series of recommendations designed to bring the legal framework governing wills into the 21st century. The proposals aim to uphold testamentary freedom while safeguarding vulnerable individuals and enhancing legal clarity and certainty.
Background: A Law in Need of Reform
The current law on wills is rooted in the Wills Act 1837, supported by centuries of case law. While this framework has provided continuity, the Law Commission argues that it no longer reflects modern realities — including changes in society, family structures, technology, and medical understanding, especially around mental capacity.
Key Recommendations at a Glance
The report outlines several important changes, including:
Judicial discretion to validate informal wills: Courts would be empowered to uphold a will even if it does not meet formal legal requirements, provided there is clear evidence of the testator’s intentions. This seeks to mitigate the sometimes harsh consequences of strict compliance.
Lowering the testamentary age from 18 to 16: Reflecting a growing international trend and acknowledging the maturity of young people in other legal contexts, the Commission proposes allowing 16-year-olds to make valid wills.
Ending automatic revocation upon marriage or civil partnership: The current rule, which invalidates a will upon marriage, can be manipulated in cases of predatory marriages. The proposed reform aims to better protect vulnerable individuals.
Easing the process for challenging wills on grounds of undue influence: The Commission recommends a more accessible evidential threshold. If reasonable grounds exist, courts should be able to presume undue influence and shift the burden of proof accordingly.
Enabling electronic wills: To keep pace with technological advances, the report calls for legal recognition of electronic wills, with appropriate safeguards to ensure authenticity and reliability.
Clarification of testamentary capacity: The report suggests updates to bring greater coherence to the legal test for capacity, aligning it with current medical and legal thinking.
Next Steps: Draft Bill Included
Importantly, the report includes a draft Bill for a new Wills Act, which would implement the proposed reforms if enacted by Parliament.
📌 Commentary for Practitioners:
These proposed changes would mark the most significant overhaul of wills law in nearly two centuries. Practitioners should familiarise themselves with the recommendations, as they may significantly alter how wills are drafted, challenged, and interpreted in the future.
If you would like guidance on how these changes might impact your estate planning or legal practice, our team is here to assist.