Tipped as one of the most significant changes in legislation for a lifetime, the Law Commission’s Modernising Wills Law reform brings a 188-year-old legislation into the 21st Century with some major implications.
The Wills Act 1837 previously hadn’t seen any updates for 30 years, aside from some temporary changes during Covid, leaving it unable to keep up with modern society and an aging population. For many, this meant complex legal battles and emotional disputes when it came to inheritance from a loved one.
Helene Richman, barrister and lecturer specialising in wills and trusts at The University of Law, explains: “The previous Wills Act, among other things, meant wills could essentially become null and void if someone was to marry, as well as lacking robustness when it came to assessing someone’s mental capacity.
“With second and third marriages later in life now common, an ageing population and rising cases of dementia, as well as an increasingly tech-savvy population, the Modernising Wills Law reform is a very welcome update.
“Importantly, the new rules provide greater protection against undue influence i.e. when a person of influence wrongly pushes for changes in a will that will benefit them. We could also see more robust tests for mental capacity when it comes to conditions like Alzheimer’s and dementia. While these updates aren’t yet law and we await a response next month, there are some interesting points to keep an eye on.”
Helene explains the need-to-know updates that could affect you:
- Electronic and informal wills
For the first time, electronic wills could be legally valid if they are proven to use reliable methods and aren’t open to any tampering. This would mean being able to clearly identify the person who made the will and distinguish the original.
Perhaps most interestingly, Courts can now accept informal wills. Providing the will clearly reflects what the person wanted, it may not need to be a formal signed document. In theory, this means the court could accept an email, video, voice note, or simply a note of paper – though it’s advised to create something a little more watertight to be safe.
- Marriage won’t revoke your will
A common issue with existing wills is that marriage will automatically revoke them. This raises two main concerns: forced marriage and marriage later in life.
Forced marriage is certainly a concerning issue, where we see people purposefully entering into marriage with the objective of inheriting money and nothing else. Those who marry later in life will also see issues here, where disputes often arise from children who assumed they would have inheritance and then may not be entitled to any.
The new laws will eradicate this. If you have a will in place, it will remain even in marriage – your inheritance won’t automatically go to your spouse unless you say so.
- Greater mental capacity testing
The updates to the law will bring capacity testing in line with the Mental Capacity Act. This provides greater protection when it comes to any form of diminished mental capacity, for example Alzheimer’s and dementia.
This will provide a clearer guide as to how and when capacity should be tested. The hope is this will remove uncertainty and alleviate needless conflict and dispute during what is often a very emotional time for all involved.
- Stronger protections against undue influence
Under the current Wills Act, it can be very difficult to prove if someone has had undue influence over a person’s will. This means if someone in a position of power has coerced the creator of the will to do something that will benefit them, it isn’t easy to prove it and can often lead to a long and difficult legal battle.
New laws create much clearer rules and presumptions that can be made in a legal context. If the new laws come into place, suspicion will automatically arise if a person of influence is seen to be benefitting from the will. Upon this suspicion arising, the burden will shift to the person of influence to prove they haven’t coerced the person who made the will.
Helene continues: “Much of the UK’s law was created centuries ago and while there is constant work to keep laws up to date, they don’t always evolve as quickly as society does. In many cases, this leaves us with outdated legislation that needs to be brought in line with modern context.
“It’s important to note that these changes are not yet law and won’t be for some time yet. We expect the Government’s response to these reforms in November, then a full response and potential introduction of laws in May 2026, so for now it’s business as usual. It is certainly worth keeping an eye on what happens as there will be very real consequences for the average person when it comes to wills and inheritance.”