'Overdue' Reforms Are Biggest Changes In A Generation

Law firm Irwin Michell has welcomed today’s long-awaited Law Commission report on modernising the law relating to Wills, saying that the recommendations bring clarity, fairness, and modernity. 

The Law Commission's project on wills aims to modernise and simplify the law governing wills, which is largely based on Victorian-era legislation. The project, which began in 2016, has focused on issues such as the formal and substantial validity of wills, testamentary capacity, and the introduction of electronic wills. After pausing in 2019, the project resumed and included a supplementary consultation in 2023. 

The final report and draft bill, which includes recommendations for reform, have now been published today, 16 May 2025. The last major update to the Wills Act 1837 was the Law Reform (Succession) Act 1995, 30 years ago.

The key recommendations are: 

• Giving the court the power to dispense with the formality requirements to make a valid will, to be used on a case-by-case basis. 
• Reducing the minimum age at which a person can make a will from 18 to 16. 
• Abolishing the existing rule that a person’s will is automatically revoked when they marry or enter a civil partnership. 
• Increasing protections for those who are coerced into making a will - recommendation that it should be possible for the courts to infer that a will was brought about by undue influence where there is evidence which provides the court with reasonable grounds to suspect it. 
• Making specific provision to enable electronic wills to be formally valid 
• Update the capacity test to align with the Mental Capacity Act 2005, ensuring fairness and clarity.

  Expert Opinion

  “These long-overdue reforms aim to bring clarity, fairness, and modernity to wills law, ensuring it reflects the realities of today’s society. If adopted, the proposals will offer greater protection for vulnerable individuals, particularly from predatory marriages. Notably, the threshold for proving undue influence appears to be lowered, shifting the burden of proof in certain cases to those seeking to uphold a contested Will.
  
  “One of the most significant proposed changes is the apparent move away from the historic Banks v Goodfellow test for testamentary capacity. Instead, the Law Commission recommends aligning the legal standard with the more modern and functional approach of the Mental Capacity Act 2005 .
  
  “It will be interesting to see which recommendations are ultimately accepted. For me, the most impactful proposal is the abolition of the rule that marriage automatically revokes a will. Many people are unaware of this rule and fail to update their wills after marriage—particularly in later-life or second marriages—despite having no intention to change their testamentary wishes. In such cases, the new spouse can still seek provision under the Inheritance (Provision for Family and Dependants) Act 1975, ensuring a fair balance of interests.”
  Sangita Manek, a Will, Trust & Dispute partner at Irwin Mitchell