By James Rodger

Copyright birminghammail

Anyone who has a Will written faces a major law change. The Law Commission’s Modernising Wills Law reform proposes modernising the law relating to wills in England and Wales. It is proposed that the Wills Act 1837 be repealed and replaced with a new Wills Act, and a draft Bill has been published along with the report. The report follows a public consultation in 2017 and supplementary public consultation in 2023. The Law Commission explained: “The reforms will modernise the law governing wills to ensure it is fit for purpose in the modern age. Our recommendations are aimed at supporting testamentary freedom, protecting testators, and increasing clarity and certainty in the law. The final report is accompanied by a draft Bill for a modern Wills Act, to replace the Wills Act 1837.” READ MORE UK households urged to spend £1,700 after loved ones die Helene Richman, barrister and lecturer specialising in wills and trusts at The University of Law, said: “The previous Wills Act, among other things, meant wills could essentially become null and void if someone was to marry, as well as lacking robustness when it came to assessing someone’s mental capacity. “With second and third marriages later in life now common, an ageing population and rising cases of dementia, as well as an increasingly tech-savvy population, the Modernising Wills Law reform is a very welcome update. “Importantly, the new rules provide greater protection against undue influence, i.e. when a person of influence wrongly pushes for changes in a will that will benefit them. “We could also see more robust tests for mental capacity when it comes to conditions like Alzheimer’s and dementia. While these updates aren’t yet law and we await a response next month, there are some interesting points to keep an eye on.” Helene said: “Much of the UK’s law was created centuries ago and while there is constant work to keep laws up to date, they don’t always evolve as quickly as society does. In many cases, this leaves us with outdated legislation that needs to be brought in line with modern context. “It’s important to note that these changes are not yet law and won’t be for some time yet. “We expect the Government’s response to these reforms in November, then a full response and potential introduction of laws in May 2026, so for now it’s business as usual. “It is certainly worth keeping an eye on what happens as there will be very real consequences for the average person when it comes to wills and inheritance.”