Industry weigh in on the Law Commission’s upcoming reform

The Law Commission is set to publish its final report on will reform in April 2025, accompanied by a draft bill that aims to modernise the legal framework governing wills.

This long-overdue review follows an initial consultation in 2017 and a supplementary consultation in 2023, which focused on two key areas: the introduction of electronic wills and the current rule that a marriage or civil partnership revokes a will.

Since the original consultation, technological advancements and growing concerns about predatory marriages have prompted fresh discussions on these issues. Legal professionals across the sector have shared their insights on what they hope to see in the upcoming reforms and the potential impact of the proposed changes.

One of the most significant topics under review is the potential introduction of electronic wills. While initially a novel concept in 2017, the increasing use of digital signatures and secure online document storage, particularly during the COVID-19 pandemic, has bolstered support for electronic wills. Jade Gani, Founder & CEO at Circe Law Ltd, believes the reform could pave the way for digital wills to become a reality:

“The Wills Act 2025 aims to address a number of legal concepts that have reigned for many decades (in some instances, centuries!) and which have required a full review in light of the changing, modern world in which we live. Perhaps most interestingly to me, I believe this legislation might set down the Statutory Instrument required to allow the concept of digital Wills to become reality in the near future.”

However, concerns remain over the security and longevity of electronic wills. Katherine Forster, Legal Director at Birketts’ Private Client Advisory team, emphasised the importance of secure electronic signing and long-term storage:

“The use of electronic signatures and storage will improve accessibility for Will writing with the result that more people have wills. So, to that extent, it is a good thing. The issue, though, is whether an electronic version can stand the test of time and whether it will still be possible to access them decades later. Another question is whether it will be possible to revoke an electronic will by destruction.”

The second major issue under review is whether marriage or civil partnership should continue to automatically revoke a will. While historically intended to ensure a spouse is not inadvertently excluded, this rule has come under scrutiny due to increasing concerns about predatory marriages. Vulnerable individuals may be coerced into marriage, resulting in the unintentional revocation of their previous wills and the redirection of their estates. Gani predicts that while the law may not change regarding will revocation, new protections could be introduced:

“Personally, I don’t expect the proposed Act will change the position on marriage revoking wills, but it might suggest that predatory marriages become ‘void’ rather than ‘voidable’ to protect vulnerable persons and their Estates.”

Many in the legal sector agree that reform is essential, but caution against sacrificing security for accessibility. Kieran Osborne, Founder of Squiggle Consult, argues that while outdated laws need modernisation, proper safeguards must be in place to prevent abuse:

“It is frankly mental that we are still relying on laws dating back to 1837, with key legal tests from the 19th century governing something as critical as a person’s final wishes. Modernisation is absolutely necessary, but it must be done in a way that enhances accessibility without diluting protection or diminishing the quality of advice available to testators.”

He also raises concerns about the potential risks associated with electronic wills, stating:

“There is concern that digital wills will increase fraud and undue influence, but let’s be honest – wet-signature wills already suffer from forgeries, coercion, and tampering. The problem isn’t new; we are simply moving it to a different format.

Ultimately, modernisation is required, and I am fully in favour of it. It is absurd that we are relying on laws from the 1800s when the way people live, form relationships, and manage assets has changed dramatically. But modernisation must not come at the cost of weaker safeguards, diminished professional oversight, or an explosion of contentious probate cases. Reforming testamentary capacity, introducing electronic wills, and implementing a dispensing power all have potential benefits, but only if done with the right protections, legal clarity, and public education.”

As the Law Commission finalises its recommendations, the legal community eagerly awaits the impact of these potential changes. While the prospect of electronic wills and updates to marriage revocation rules promise to bring will-making into the modern age, the need for security and careful implementation remains paramount.