Experts Back Long-Awaited Reforms to Outdated Wills Law

Legal experts have welcomed a major report from the Law Commission calling for long-overdue changes to the UK's outdated Wills law, which dates back to 1837. The report, Modernising Wills Law, outlines a series of recommendations aimed at bringing the process of making a Will in line with today’s digital world - while also better protecting vulnerable people.

The comprehensive 500-page report, which includes a draft bill, has been praised by lawyers as essential and timely. Its key proposals include the introduction of electronic Wills, reducing the minimum age to make a Will from 18 to 16, and giving courts more flexibility to correct mistakes in Wills.

Government Signals Openness to Change

Courts and Legal Services Minister Sarah Sackman KC MP acknowledged the importance of the report. While she noted the current law has lasted for nearly two centuries, she said it no longer reflects modern society or technology. She added that any changes must continue to protect those who may be vulnerable.

The government has not yet committed to passing new legislation but says it will carefully review the recommendations.

What’s Being Proposed for the Outdated Wills Law?

Some of the most significant proposed changes include:

• Electronic Wills: These would be legally valid if stored securely on an approved digital platform.

• Judicial discretion: Courts could approve Wills that don’t meet all the formal legal requirements, as long as the person’s wishes are clear.

• Lower age limit: Young people aged 16 and over would be able to make a Will.

• Marriage and Wills: Getting married would no longer automatically cancel an existing Will.

• Gifts to witnesses: New rules on gifts left to people who witness a Will or their partners.

• Mental capacity: A unified legal test to judge whether someone has the mental capacity to make a Will.

Support with Caution

Legal professionals have generally backed the proposals, with some calling them "critical" and praising the shift toward digital solutions. The Law Society supported the use of technology but warned that safeguards are essential to make sure people fully understand what they are doing when they make a Will.

Others welcomed the move to stop marriage from revoking a Will. This would potentially help avoid people accidentally cutting loved ones out of their estate - something that often happens in second marriages. There are real-world cases where vulnerable individuals were manipulated into marriage for financial gain, stressing the need for strong protections and public awareness.

Concerns About Possible Legal Disputes

Despite broad support, some experts worry that the reforms could lead to more legal challenges, especially with the proposed flexibility around court-approved and electronic Wills. There is concern that vague terms like “exceptional circumstances” could create confusion unless clearly defined.

The Society of Trust & Estate Practitioners (STEP), of which we are affiliate members, also flagged electronic Wills as particularly complex, calling for strong data protection, clear guidance for the public and a gradual rollout to reduce risks.

Looking Ahead

There is a strong sense across the legal profession that these changes are overdue and necessary. However, experts agree that reforms must be handled with care. Without clear rules and widespread public education, well-meaning updates could end up causing more harm than good.

As STEP noted, the key to success will be making sure people understand the importance of writing - and updating - their Wills. Only then can the new rules deliver the benefits they promise, while avoiding costly and distressing disputes.

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