Law Commission’s wills bill and client communication issues take centre stage at conference
Wills reform was the headline topic at this year’s Law Society private client conference, held at Chancery Lane. The event coincided with the recent publication of the Law Commission’s long-awaited report on reforming wills law, which sparked much discussion among practitioners.
Professor Nick Hopkins, the Law Commissioner leading the project, explained the long journey of the report. Initially tasked in 2015 with a scoping exercise, the commission paused work on wills to focus on weddings. The project resumed post-pandemic, with a supplementary consultation in 2023. Hopkins noted the delay was beneficial, as attitudes shifted on electronic wills and marriage revoking a will during this period.
Among the report’s key proposals are the introduction of electronic wills and abolishing the rule that marriage automatically revokes a will. The commission also recommends lowering the legal age for making a will from 18 to 16, applying only the Mental Capacity Act test for testamentary capacity, and allowing courts to validate wills despite formal deficiencies if the deceased’s intentions are clear. Crucially, the draft Wills Bill proposes repealing the outdated 1837 Wills Act.
Most private client lawyers agreed that replacing the 1837 legislation is necessary. However, Stephen Lawson, chair of the Law Society’s wills and equity committee, warned that empowering judges to infer undue influence—one of the commission’s suggestions—could lead to more court battles. Undue influence claims are common but notoriously hard to prove, he noted. Lawson also raised the ongoing challenge of cohabitees’ rights if marriage no longer revokes a will.
Embed from Getty ImagesBeyond wills, the conference highlighted communication challenges within law firms. The Solicitors Regulation Authority (SRA) shared findings from its latest thematic review on probate and estate administration, which generates significant client complaints and compensation claims. SRA regulatory managers Mel Lothbrok and Siobhan Fennell said poor communication was a major factor behind client dissatisfaction.
They revealed wide inconsistencies in how firms inform clients about estate administration. Some firms delayed providing written information, while others regularly exceeded cost estimates without prior warning. The SRA urged firms to supply clear information upfront and maintain transparent, ongoing updates on costs and case progress throughout the retainer.
The regulator also flagged concerns over compliance with accounts rules. Examples included a firm failing to submit a qualified accountant’s report to the SRA and another going years without obtaining one. The advice to practitioners was to proactively seek accountants’ feedback on financial controls to identify and fix weaknesses early.
Other conference sessions explored pressing private client issues, including changes to personal taxation, complexities faced by farming families, and the Official Solicitor’s role in Court of Protection applications. Delegates also learned about mental capacity assessments, revoking deputyships, and the emerging impact of artificial intelligence in the legal sector.
A notable session on ‘advising modern families’ underscored the legal complications of surrogacy. It was explained that, under English and Welsh law, the biological mother or father is not the legal parent unless a parental order is obtained, a fact many clients find surprising.
Gender was another critical topic. James Lister, head of private wealth disputes at Stevens & Bolton, pointed out the risks of drafting wills that specify beneficiaries by gender or protected characteristics. He emphasised the increasing need for solicitors to balance legal advice with ethics and client values. “Clients do not care about the legals,” Lister said. “If clients are tied to a set of values they do not ascribe to, we’re creating a large set of problems.”
While electronic wills may still be some way off, pending the government’s formal response expected within 12 months, the conference demonstrated that private client lawyers face a wide array of complex challenges. Wills reform, ethical considerations, regulatory compliance, and modern family dynamics are all reshaping the profession’s approach
