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.
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After years of consultation and debate, the Law Commission has delivered its review and will reshape how wills are created, safeguarded, and delivered for a modern and digital society.
For centuries, the foundations of will writing has remained largely unchanged, however, in an era of digital innovation, evolving family dynamics, and heightened awareness of mental capacity, the need for reform has never been more pressing.
From the recognition of electronic wills to revisiting the rule that marriage revokes a will, this review promises to bring long-overdue clarity and digitalisation.
With consultations dating back to 2017 and renewed discussions in 2023 our expectations are high … will it deliver .. ?
#Wills #Trusts #Inheritance
#WillsReport
#DigitiseOrDie
In my experience the Law Society needs to update and correct their membership errors. In one case Helen Wakeford (Solicitor and Company Secretary at Integrafin Holdings PLC (following David Johnson ) and their chief executive Alex Scott (CEO Acuary) claimed to have sold my Shares to a non traidng company and refused me the opportunity as a shareholder to attend their AGM or gain access to my Dividends since 2013. These solicitors are involved in STEALING – Theft and financial Crime thorugh their Banks intent on selling shares without authrity to Companies House register causing Anxiety Harm and Trauma and being involved in restricting my access to Pay DVLA St Albans Council HMRC and others as a result of their FINANCIAL CRIME ( Criminal Activity ) and their attempts at Bribery between Equiniti Integrafin Holdings PLC and then David Johnson and now Eversheds Sutherland LLP Carlos Pires are complict to deceive shareholders or to act in any Reasonable or responsible way – and shoule be removed form Society and prevented being in any such situation whe give the opportunity to “look after Clients Best interests – AT ALL TIMES. Together they misled the Chancery Court as advised by Carlos Pires in London Court Ref M78CLO57