Modernizing Wills Law: The Need for Reform and Proposals for Change

The Law Commission in England and Wales has reignited its efforts to reform the Wills Act 1837, following a rise in disputed wills and the need to modernize this area of law. The commission’s proposals include enabling the court to dispense with formalities for a will, changing the test for capacity to make a will, providing guidance for professionals assessing mental capacity, and more.

One key proposal is to adopt the definition of testamentary capacity from the Mental Capacity Act 2005, which would provide clarity and consistency in assessing capacity to make a will. The commission also seeks to address issues surrounding statutory wills, formalities for making a will, electronic wills, and revocation by marriage or civil partnership.

While there is support for most of the proposals, concerns remain about the protection of vulnerable individuals in the will-making process, especially in the case of electronic wills. The commission will now engage with stakeholders before delivering its final report on the reform of the Wills Act 1837.

The legal community is closely following these developments, as the reform of wills law is seen as crucial to bringing the legal system into the 21st century. Stay tuned for updates on this important issue.