A Modern Approach to Wills: What the Law Commission’s Latest Report Means for You

After eight years in the making, the Law Commission has finally released its long-awaited report on modernising the law around Wills - and it brings with it some significant proposed changes.

The current law is based on the Wills Act of 1837, which has served us for nearly 200 years. But times have changed, and so have our lives, our families, and the ways we communicate. The proposed reforms aim to bring Wills law into the 21st century and ensure it works for everyone, from young adults with digital assets to older generations wanting greater protections.

Here’s a breakdown of the most important recommendations and what they could mean for you.

Lowering the Age for Making a Will

One of the most striking proposals is to reduce the legal age for making a Will from 18 to 16.

With more young people building financial independence - whether through traditional employment or platforms like social media, this is a welcome and much-needed update. The change also recognises that, sadly, some young people face terminal illness and may wish to have a say in what happens to their estate, especially if they have complicated family circumstances.

Electronic Wills: The Digital Future?

Another big change on the table is the introduction of electronic Wills. This would allow Wills to be made, signed, and stored digitally, removing the need for a printed, signed hard copy.

While this sounds like a natural step forward, we believe it’s crucial that robust systems and safeguards are in place first. The risks of fraud, loss, or manipulation are significant, and our profession must work together to ensure digital Wills offer the same security and clarity as traditional ones.

Marriage Will No Longer Cancel a Will

Under the current law, getting married automatically revokes any previous Will - a rule that many people aren’t even aware of. The Commission now proposes to remove this rule, meaning marriage or civil partnership would no longer invalidate an existing Will.

This is a major step forward in protecting vulnerable people from what’s known as “predatory marriages”, where individuals may be coerced into marriage that undoes earlier, carefully planned wishes. It also reflects the reality of modern relationships - not all couples choose to marry, and legal protections must evolve to match that.

Capacity and Safeguards

The report also recommends replacing the Banks v Goodfellow test (which has governed mental capacity for over 150 years) with the framework under the Mental Capacity Act 2005. This would bring greater consistency across the legal system when assessing a person’s ability to make a Will.

In addition, the courts would gain greater discretion to uphold Wills that don’t meet strict formalities, provided the testator’s intentions are clear, and to address issues such as undue influence, mistakes in wording, or revoked gifts to witnesses.

What This Means for Our Clients

At Bell Lamb & Joynson, we welcome steps to make Wills more accessible, relevant, and protective, but it’s vital that these changes are introduced carefully, with the right checks and balances.

We work with clients from all walks of life, whether they’re creating their first Will, updating one after a major life change, or helping a loved one through probate. These proposed reforms could make the process more inclusive and responsive to modern needs.

But one thing remains the same: a professionally drafted Will is the best way to ensure your wishes are respected.

Need Advice on Making or Updating Your Will?

If you’d like to speak to one of our Private Client experts about your Will, or if you’re unsure how these potential changes might affect you - we’re here to help.

Pop into one of our five offices across Liverpool, Maghull, Warrington, Runcorn or Ashton-in-Makerfield, give us a call on 03444 124 348, or get in touch online via our online chat function. Our friendly team can guide you through the process, step by step.