The Law Commission has called for sweeping reforms to wills and probate law in England and Wales, urging the Government to embrace electronic wills and strengthen protections for vulnerable individuals.

Its latest report, laid before Parliament, highlights that the current legal framework — rooted in the Victorian era — no longer serves the needs of modern society. Many core rules have remained unchanged for nearly 200 years, despite major shifts in how people live, marry, and manage their digital and financial affairs.

Key Recommendations from the Law Commission

✅ 1. Legalise Electronic Wills

Under the Wills Act 1837, electronic wills are not recognised. The Commission proposes that digital wills should become legally valid, provided they meet a new “additional formality requirement” to safeguard testators and ensure authenticity.

✅ 2. Stop Marriage from Automatically Cancelling a Will

Currently, marriage or civil partnership automatically revokes an existing will — a rule most people are unaware of. The Commission warns this outdated provision may enable predatory marriages that exploit vulnerable individuals for financial gain.

The recommendation? Abolish this rule to prevent abuse and preserve a person’s genuine intentions.

✅ 3. Allow Courts to Uphold Informal but Clear Wills

Sometimes, people express their wishes clearly — via letters, texts, or recordings — but their wills fail on a technicality. The Commission says courts should be empowered to honour these wishes, even if formal requirements haven’t been met.

This would promote testamentary freedom and reduce injustice caused by minor procedural errors.

✅ 4. Lower the Legal Age to Make a Will to 16

Currently, only those aged 18 and over can make a valid will. The report argues this excludes terminally ill or estranged young people from expressing their final wishes.

Lowering the age to 16 would bring England and Wales in line with other jurisdictions and reflect the modern understanding of young people’s capacity to make decisions.

✅ 5. Simplify Mental Capacity Tests

There are currently two conflicting tests for mental capacity depending on which court is involved — creating legal confusion.

The Commission recommends using a single test: the one found in the Mental Capacity Act 2005, to bring consistency and clarity to all cases involving testamentary capacity.

✅ 6. Make It Easier to Challenge Wills Influenced by Coercion

The law currently sets a high bar for proving undue influence — often leaving victims of financial abuse unprotected.

The Commission suggests giving courts power to infer undue influence where there are reasonable grounds for suspicion, even if direct evidence is hard to obtain. This would help protect the elderly and vulnerable from coercion behind closed doors.

Why These Reforms Matter

According to Professor Nick Hopkins, Law Commissioner for Property, Family and Trust Law:

“Wills law is important as it can potentially affect everyone… Our recommendations will modernise wills law to promote testamentary freedom, bringing with them greater certainty, clarity and fairness.”

Wills are also a major source of charitable giving in the UK, with many organisations relying on legacy donations. Clarity and security around will-making could ensure more people feel confident in leaving legacies.

What Happens Next?
The Law Commission’s report has been laid before Parliament along with a draft bill. It is now up to the Government to decide whether to implement the proposals into law.