Will Reform in the UK

Embracing change while safeguarding legacies

The Law Commission’s final report on will reform, due in May 2025, marks a pivotal moment in modernising the legal framework for wills. This much anticipated review – building on consultations in 2017 and 2023 – centres on two transformative proposals: the recognition of electronic wills and a re-examination of the rule that marriage or a civil partnership automatically revokes a will.

As solicitors, we understand that change can feel daunting, especially when it involves something as deeply personal as a will. But with thoughtful implementation, these reforms could make will-making more accessible while preserving the security and integrity that clients expect.

Electronic Wills: A balanced approach

The proposed introduction of electronic wills reflects our digital age, offering greater accessibility while raising important practical considerations. The key advantages are clear: simplified processes will hopefully encourage more people to make wills, and secure digital platforms should provide reliable alternatives to paper documents.

However, successful implementation requires addressing crucial questions. How will the law ensure long-term accessibility as technology evolves? What constitutes valid revocation of a digital will? These issues demand careful solutions – perhaps through secure registries or mandatory witnessing requirements – to maintain the same legal certainty as traditional wills.

The shift presents opportunities, but must be handled with appropriate safeguards. With the right framework, electronic wills could modernise estate planning without compromising security or testator intentions.

Marriage and Wills: Protecting intentions in changing circumstances

The current rule that marriage or a civil partnership revokes a will exists to protect spouses from accidental disinheritance. However, rising awareness of predatory marriages – where vulnerable individuals are manipulated into marriage – has exposed flaws in this blanket approach.

Reform here isn’t about undermining marriage; it’s about ensuring a person’s wishes are respected, regardless of their marital status.

Guiding principles for reform

Modernising will laws is long overdue, but its success hinges on:

• Security – Any digital system must prioritise fraud prevention and data integrity.
• Flexibility – Laws should adapt to modern relationships without creating loopholes.
• Clarity – Reform must reduce disputes, not fuel them.

The goal isn’t just change – it’s better change.

How we can help you

As we await these important reforms, we’re committed to helping clients understand the potential implications – whether regarding electronic wills or changes to marriage revocation rules. While we can’t predict the Law Commission’s final recommendations, we’re closely monitoring developments to provide timely, practical guidance when the reforms are confirmed.

If you have any questions then please contact Ingmar Heil at Leigh Duncan to discuss how these changes might affect your estate planning.