Modernisation now in the hands of the profession – Law Commission

The modernisation of wills law is in the hands of the profession who should build on the momentum of the Law Commission’s report to ensure the proposals make their way into statute.

In a presentation at TWP Festival the Law Commission’s Elizabeth Welch said that, if the profession agreed with the Law Commission’s bill and wanted to see change, it could use its voice to advocate for reform.

Speaking on the Today’s Wills and Probate podcast outgoing Commissioner for Property, Family and Trust Law Nick Hopkins said the Law Commission’s success rate on proposals being taken forward by government is around 66%. So there is a good chance the bill will move forward.

But to give it every chance of success Welch added professionals and their representative bodies should advocate for the reforms that they supported. Responding to a question on the likelihood of the bill becoming law Welch said 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.

Modernising Wills Law was published by the Law Commission in May providing a much needed update to legislation enacted in 1837 and which remains largely unchanged since, despite longer life expectancies, increasing issues around capacity, and the impending Great Wealth Transfer, the largest transfer of wealth from one generation to the next in living history. Technological considerations, not even though about in Victorian times, including the creation of electronic documentation, and provision for digital assets needs to be accounted for in statute.

Technology is a major part of the reforms but, as Hopkins explains on the podcast, it is not the role of the Commission, nor law makers, to prescribe the exact way in which electronic wills could be validated. Rather, he said, there should be a broad framework through which a range of options could be delivered. And according to Anthony Philips, CEO of Aken.legal, much of the technology already exists to deliver on the Commission’s proposals.

“The legal tech industry is ready and equipped to support the profession as it champions the Law Commission’s proposed reforms to Wills law. Modernisation is no longer a distant goal—it’s an evolving reality, and we’re committed to helping practitioners embrace it with confidence and clarity. As momentum builds, now is the time for collective advocacy to bring these proposals into statute. Legal tech can play a vital role in smoothing the transition, ensuring both compliance and innovation go hand in hand. We’re here to make that change not only possible but practical and powerful.” 

There are concerns over the practical application of some of the proposals; and reform much protect clients as much as it modernises the process said Kieran Osborne of Squiggle Consult.

“The Law Commission’s proposals are broadly sensible and overdue. We have a duty to educate the public and policymakers that a will is only as strong as the advice behind it”

although Osborne added he is concerned with proposals to switch the burden of proof on coercion to executors.

“It is already almost impossible to prove undue influence, and reversing the burden opens the floodgates. Without proper advice and records, online and overly accessible will-making could make executors incredibly vulnerable to challenge.”

But the power to influence the future of the proposals, whether in their current form or amended, is in the hands of the profession; a sentiment echoed by the Society of Will Writers, whose Managing Director Anthony Belcher said the SWW ‘welcomes; the report, adding

“as a contributor to both parts of the consultation, we’re pleased to see many of our views reflected throughout. We support their efforts to bring greater clarity and flexibility to the law, particularly around testamentary capacity and the formalities of will making. Their proposals recognise the realities of modern estate planning while enhancing protection for vulnerable individuals which should be considered a positive. We remain open to working with government, stakeholders and practitioners to ensure the recommendations are taken forward in a practical and effective way.”

Nicola Combe, Founder of Morecambe Bay Wills & Estates Limited adds the daily impact of legislation is evident in the daily lives of private client professionals and change is much needed.

“Modern lives aren’t considered… we need to get on board and get involved. Those of us who have concerns about the practicalities of areas such as safeguards can be heard if we engage – and we’d love to! There is nothing to fear if we are leading the charge and our voices are heard.”

One outspoken campaigner is Nellie McQuinn, founder and CEO of AWAY Wills who says she is tired of hearing the solution to low will take up is public education.

“Of course education matters, but telling people they need a Will and then sending them into a paper-based, jargon-heavy, intimidating process that doesn’t fit the way they live the rest of their lives sets them up to fail.”

“I am passionately in favour of electronic Wills, provided the right safeguards are in place. I’ve spoken with multiple experts, and we know the technology exists to do this safely and securely. The Law Commission’s report highlights the risk of alienating older audiences if we modernise, but what about younger generations who are used to accessing everything digitally? Why is it acceptable to alienate them? We are forcing people to interact with a system stuck in the 1800s and then wondering why so many exist without a Will.”

She says she has met with her local MP, Dan Tomlinson, to express her support for reform of a system which has ‘normalised risks because they are tradition, not because they are safer.’ She adds the profession has to face up to the ‘uncomfortable reality’ of research which shows people from black and minority ethnic backgrounds are less than half as likely to write Wills as their white counterparts.

“Imagine the access we could open up by exploring further digital resources alongside electronic Wills, including translation services, culturally sensitive education, and the ability to engage with Will-writing in the languages and digital formats people actually use day to day. We should be making it easier for people to protect their families, not harder. Reform should be about inclusion, not tradition for tradition’s sake.”

she concludes.