Is Will reform on the agenda?

In May last year the Law Commission published its recommendations and a draft Bill to reform the law of wills in its report Modernising Wills Law. The Bill for a Modern Wills Act would replace The Wills Act 1837. Whilst the government published
an immediate response to the report, nothing further has been timetabled.

There are fears that some people might currently be put off making a Will as the law isn’t clear.  Whatever happens in the future with law reform, having an up-to-date  Will is still the most important document a person will create in their lifetime and gives their loved ones certainty and security after their death.

In the Law Commission’s report, they make a number of recommendations for reform which includes protecting the person making the  Will (Testators) from undue influence and fraud and where possible increasing the clarity and certainty in the law.

These recommendations include:

Giving the court the power to dispense with the formality requirements to make a valid will on a case-by-case basis.  This would allow the court to deem a document of record to be a valid will where the court is satisfied the document reflects the person’s intentions.  This will help overcome some of the issues around wills being invalid.

Reduction in the minimum age a person can make a will from 18 to 16.

Abolish the rules that a person’s Will is automatically revoked when they marry or enter a civil partnership.  This will help to protect people from predatory marriage and financial abuse.

Increasing protection for those who are coerced into making a Will. Currently it is too difficult to challenge the validity of a will based on undue influence which can often be hidden as it happens behind closed doors.

There are also recommendations to enable electronic wills to be formally valid and a clarification of the law on testamentary capacity following the test in the Mental Capacity Act 2005.

We can only welcome greater clarity around  Wills in the hope it will encourage more people to make them and keep them up to date.

If you would like to discuss a new Will or update an existing Will, get in touch with our team.

Alex Astley can be contacted at a.astley@gullands.com