A Modern Approach to Wills: What Might Change and Why

In May this year, the Law Commission published its long-awaited consultation report on modernising the Law of Wills. This is the first major review of Wills Law in over 180 years, and the proposed reforms could significantly change the way Wills are written, stored, and recognised in the future.

Below we highlight some of the key proposals.

Replacing the Wills Act 1837

The Wills Act 1837, which has governed Wills for nearly two centuries, may be repealed and replaced with modern legislation.  One important change would be to end the rule that marriage automatically cancels a Will — a safeguard against what campaigners have called ‘predatory marriage’.

Who Can Make a Will?

Currently, you must be 18 or over to make a Will.  The reforms suggest lowering the age to 16, and in exceptional cases, even younger people could apply to court for permission.

Another major change would be how the law tests whether someone has the mental capacity to make a Will.  The long-standing test from an 1870s case, Banks v Goodfellow, may be replaced with the more modern framework used in the Mental Capacity Act 2005.

Electronic and Informal Wills

The Law Commission recognises that more people are working digitally.  The proposals include enabling the use of electronic wills in future, though questions remain around identity checks and cyber security.

Another significant reform would give courts the power to recognise informal Wills that don’t meet all the strict formalities, as long as it’s clear what the person intended.  This could include documents like unsigned drafts or even video messages.

Cohabiting Couples and Intestacy

At present, unmarried partners have no automatic right to inherit under the intestacy rules.  The proposals would extend rights to long-term cohabitants, for example couples who have lived together for five years, or two years if they have children together.

Will Storage

Finally, the reforms suggest that law firms could securely destroy original Wills after 25 years (once properly scanned and stored electronically).  This would ease the long-term burden of physical storage.

What This Means for You

These reforms are still at consultation stage, and it may be some time before they become law.  But the direction of travel is clear: more flexibility, more modernisation, and potentially greater recognition of non-traditional Wills.

Our Advice

Even before these reforms may take effect, making a valid, professionally drafted Will remains the best way to protect your loved ones and reduce the risk of disputes. To review or update your will, please contact our Wills & Probate Team by email at wills@keelys.co.uk or by phone 01543 420000.