Commission urges overhaul of Victorian wills law to reflect modern tech and protect vulnerable people
The Law Commission has urged the UK government to bring wills law into the 21st century by allowing electronic wills, scrapping outdated rules on marriage, and making it easier to challenge undue influence.
In a sweeping reform proposal laid before Parliament today, the Commission said the current law – dating back to the Victorian era – is no longer fit for purpose in an age of digital documents, longer lifespans, and growing concerns over mental capacity and financial exploitation.
Professor Nick Hopkins, the law commissioner leading the project, said: “These reforms will modernise will law to promote testamentary freedom, bringing with them greater certainty, clarity and fairness.”
The recommendations follow a detailed consultation process and come with a draft bill for MPs to consider. Among the most striking proposals is a legal framework for electronic wills, something the Commission said had become “feasible” and necessary. During the COVID-19 pandemic, the benefits of remote witnessing became evident, but the law did not evolve with technology.
The Commission warns that any move towards digital wills must include safeguards. It called for a “reliable system” to differentiate original electronic wills from copies and ensure they cannot be tampered with or destroyed without detection.
The report also tackles what it sees as excessive legal barriers to protecting vulnerable individuals. Challenging a will for undue influence is currently very difficult, but under the new proposal, courts would be empowered to infer undue influence if there is evidence that raises reasonable suspicion.
Embed from Getty Images“Most people will live longer than their ancestors did, and as a consequence, more people will suffer from ill health and a decline in their mental capacity,” the report notes. “The average person’s estate is now more valuable, and digital documents are far more prevalent.”
Another significant change would abolish the automatic revocation of a will upon marriage or civil partnership. The Commission found that most people are unaware of this rule, which can lead to their wishes being disregarded after marriage. It warned that the rule could be manipulated in cases of so-called “predatory marriages” – where a vulnerable person is targeted for financial gain.
Consultation respondents widely supported the change, arguing that marriage should not undo a person’s carefully written will unless that is their explicit intention.
The Commission also recommends lowering the minimum age to make a will from 18 to 16, reflecting the fact that some young people may have jobs, savings, or even property they wish to manage through testamentary arrangements.
Taken together, these reforms aim to preserve personal autonomy while addressing modern risks. The Commission emphasised that the goal is to help people express their final wishes clearly and securely, whether through ink on paper or encrypted digital files.
The government must now decide whether to take the proposals forward. If enacted, they would represent the biggest change to wills law in nearly two centuries.
The Law Society and various legal professionals have long campaigned for reform. Many welcomed the proposals as a step toward better accessibility and fairness, especially for the growing number of people managing their affairs digitally.
