The government must act now to modernise wills, or risk leaving many people’s final wishes unprotected, the Law Society of England and Wales has said.
In May 2025, the Law Commission published its report Modernising Wills Law, setting out key recommendations to update legislation that has remained largely the same since the Wills Act 1837.
The comprehensive review of Wills law made recommendations regarding mechanisms for giving effect to intentions where wills are invalid for procedural reasons (dispensing powers); reducing the age at which a Will can be written to 16; applying rectification where a court is satisfied that the Will does not give effect to the testator’s intentions because the drafter failed to understand the meaning or direct effect of the language used in the Will; and the abolition of the revocation of Wills after marriage.
The Commission also tackled the growing challenge of undue influence and capacity in its 500 page report, which also laid the groundwork for electronic Wills.
But having delivered that report earlier this year, the Law Society is now calling on government to ‘seize the opportunity’ it presented to ‘introduce necessary reforms on Wills that could affect everyone’.
Law Society president Mark Evans added:
“Six months on from the Law Commission’s guidance to reform wills, there has been no movement from the government on updating this crucial law that affects every single one of us. It is imperative that the Wills Act is brought in line with our times, or else the government risks denying people access to justice and the right to protect their last wishes.
“Robust safeguards for electronic wills are essential to ensure the same level of trust and security as paper wills.
“These safeguards must include effective protections against undue influence and clear proof of mental capacity to make a will freely.
“The time for the government to act is now.”
At a conference hosted by Today’s Media the publishers of Today’s Wills and Probate in June, Elizabeth Welch of the Law Commission said if the profession agreed with the Law Commission’s bill and wanted to see change, it could use its voice to advocate for reform. To give it every chance of success Welch said professionals and their representative bodies should advocate for the reforms that they supported and it was important for all those in private client law to make their voices heard by approaching their member of Parliament, speaking to their regulatory and membership bodies and maintaining the momentum.
