The Law Society of England and Wales says it is communicating with the Ministry of Justice (MoJ) on the progress being made to reform wills and probate legislation, and is sharing “consistent messaging that reform should involve the profession, protect testamentary freedom and reflect the current world”.
Speaking at the Law Society’s Private Client Conference on Tuesday, policy adviser in private client and tax law Charlotte Garvey said she had personally visited the MoJ to discuss progress and highlight the key areas in which the organisation and its members should be involved.
“It is an area under increasing pressure, with complex family structures, advances in technology and ongoing access to justice concerns,” Garvey told the conference. “The Law Society’s role is to uphold access to justice and support practitioners.”
Although the King’s Speech didn’t include any reference to wills reform, no official response had been received, and no announcement or draft bill was expected “in the short term”, Garvey said “the government isn’t forgetting”.
“The latest communication is an acknowledgement that [the Law Commission’s 2025 report] is an extensive report requiring detailed consideration,” she said. “The Law Society is continuing to engage with the government and our members.”
With regard to reform of non-contentious probate rules, Garvey acknowledged discussions had been ongoing for over a decade. “As far back as 2013 there was a consultation for new draft rules and a complete set of rules produced but they never reached statute,” she explained.
“The government recognises change is needed, in light of advances in technology and since Covid. The president of the Family Division created a working group to review rules with an open remit to modernise rules and simplify language. Importantly, legal practitioners are part of working group to make sure working views are represented.”
The findings of the working group were originally expected at the end of 2025 but are not yet public, although The Law Society expects publication “in the near future”.
Speaking during the same panel discussion, Juliet Brook, Associate Professor in Property Law at the University of Reading, said the delays were unacceptable.
“It’s a year since the report, which was 10 years in the making,” she pointed out. “There’s a lot in the report that’s binary, sensible and straightforward – it really shouldn’t be taking this long to come up with a response.”
Although there were “slightly more contentious areas”, they were all very carefully set out in the report, Brooks said.
“There are copious arguments, the Law Commission did the work and the research, there is no reason for the government to take this long. The government should be able to say yes or no.”
