Recent proposals by the Law Commission aim to modernise the laws governing wills in England and Wales. These reforms focus on accessibility, flexibility, and fairness in will-making and probate, making them especially relevant for individuals with complex family situations, digital assets, or concerns about mental capacity.

Key Proposed Reforms to Wills Law

1. Recognition of Electronic Wills

The reforms propose legally recognising electronic wills, allowing individuals to create, sign, and store their wills digitally. This makes the process more accessible, especially for those with mobility challenges or urgent medical situations. Safeguards will be included to prevent fraud or undue influence.

2. Modernisation of Mental Capacity Assessments

The test for mental capacity to make a will is set to be updated to align with the Mental Capacity Act 2005. This modern approach assesses whether a person understands the nature and effects of a will, the extent of their property, and the potential claims of others.

3. Abolition of the Rule That Marriage Revokes a Will

Currently, marriage automatically revokes an existing will. The reforms propose abolishing this rule, allowing individuals to retain their existing wills unless they choose to create a new one.

4. Lowering the Minimum Age to Make a Will

The minimum age to make a valid will is proposed to be lowered from 18 to 16. This recognises the decision-making ability of younger individuals in legal matters.

5. Court Approval of Informal Wills

Courts may be allowed to validate wills that don’t meet strict formal requirements if there is clear evidence of the testator’s intentions. This prevents estates from falling under intestacy due to technical errors.

Implications for Estate Planning

• Greater Flexibility: Electronic wills and validation of informal wills provide more ways to ensure your wishes are respected.

• Enhanced Protection: Updated mental capacity tests and retention of wills after marriage safeguard vulnerable individuals.

• Simplified Processes: Lowering the age requirement and allowing court validation make estate planning more accessible.

Modernising wills and probate law offers individuals more control, flexibility, and protection over their estates. These changes could significantly affect how people plan for the future, particularly those with complex family arrangements or digital assets.

If you need guidance on creating a will, updating an existing one, or navigating probate matters, Falcon Solicitors are here to help. Our experienced team offers clear advice and support to ensure your estate planning is legally sound and reflects your wishes. 

Contact us at +44 1753 577071 or email admin@falconsolicitors.com to schedule a consultation.