Writing a will is one of the most important things you can do, closely followed by completing an ‘Expression of wishes’ form for your pension. These actions ensure your wishes are respected after you're gone, giving you control over who inherits your assets and - equally importantly - who doesn't. Yet the laws governing wills in England and Wales date back to 1837 - a time when quill pens were still in use and the internet was unimaginable.
Now, that's set to change. The Law Commission has published recommendations to modernise will legislation, bringing it into line with how we live today. These proposed changes could make creating and maintaining a will simpler, fairer, and more flexible for everyone.
What could change?
The Law Commission’s draft Modern Wills Act Volume 1 and Volume 2 include several significant proposals that could directly affect you and your family.
More flexibility in exceptional circumstances: Currently, wills must follow strict formal requirements to be valid. The new proposals would give courts greater powers to recognise a will as valid in exceptional situations, providing important protection when technical errors occur despite clear intentions.
Younger people gaining control: The minimum age for creating a will could be lowered from 18 to 16. This change would give young people more autonomy over their affairs, which would be important for those facing serious illness or difficult family situations.
Better protection for vulnerable people: The proposed changes aim to strengthen safeguards for people who might be pressured or coerced into making a will that doesn't reflect their true wishes. This includes situations involving undue influence or forced marriages, where someone might lose their financial independence.
Electronic wills: Perhaps the most modern change is the potential introduction of electronic wills. With proper security measures in place, this would enable people to manage their will using the same digital tools they use in everyday life.
Clearer rules on mental capacity: Currently there are two tests used to assess whether someone has the mental capacity to make a will, which can be confusing. The new legislation proposes using a single, clearer test based on the Mental Capacity Act 2005, making it easier for everyone to understand the requirements.
These proposals need to be considered by government and passed through Parliament, but they signal a positive direction for the future.
Taking action
A will gives you peace of mind. Without one, the laws of intestacy determine who inherits your estate, and these rules may not reflect your wishes at all and could very well exclude people who you wish to benefit and manage your estate after you have passed.
But you don’t need to wait for new legislation. Many people assume creating a will is expensive or complicated, but this often isn't the case. While costs vary depending on your circumstances and the complexity of your estate, professional help can prevent costly mistakes and ensure clarity.
It's also worth remembering that a will isn't a one-time task - regular reviews are essential to ensure your will still reflects your wishes and takes advantage of available tax reliefs.
For more information on writing a will, take a look at the Alzheimer’s Research site which provides a free guide to making or updating your will. There are many places you could look for guidance, here are a few to start with.
Making a will - Citizens Advice
Making a will: Overview - GOV.UK
Making a will | The Law Society
This article reflects our understanding of current legislation, which may change. While we can provide information, we can’t give you advice and therefore we recommend you seek professional advice before making any financial decisions. Investments can go down as well as up, and you may not get back the amount invested. Tax treatment depends on individual circumstances and available reliefs may vary.
The resources on Your Wealth can help you find a financial adviser in your local area.