Proposed changes to wills legislation in England and Wales are making headlines — and for good reason. The Law Commission’s new recommendations for wills law reform aim to modernise outdated legislation and strengthen protections for older people. If you’re a senior in the UK, or a family member helping to manage a loved one’s estate, it’s worth understanding what’s changing and why.
Why Is the Law Changing?
The existing wills law in the UK is based on legislation from as far back as 1837. Unsurprisingly, many legal experts — along with families — have argued that the law no longer suits the modern realities faced by older adults. The proposed reforms are designed to reduce exploitation, simplify the process, and give people more clarity and control over their wishes.
One key motivation behind the wills law reform is the issue of so-called “predatory marriages.” Under the current rules, getting married automatically cancels any previously written will. This has led to situations where older individuals — sometimes isolated or vulnerable — are targeted by those hoping to inherit their estate. These proposals seek to close that legal loophole.
Key Proposed Reforms Explained
1. Marriage Won’t Cancel a Will
Under the new proposals, getting married will no longer automatically revoke an existing will. This would help prevent situations where family members are unintentionally disinherited and gives seniors more control over their estate planning.
2. Making Undue Influence Easier to Prove
Currently, proving that someone was pressured into changing their will is very difficult. The Law Commission suggests allowing courts to consider wider evidence, enabling them to infer undue influence based on suspicious circumstances — even without direct proof. This could be a significant step in protecting vulnerable older adults.
3. More Protection Against Biased Witnesses
At the moment, you cannot leave gifts in your will to someone who witnessed it. The reform goes further — banning gifts to witnesses’ spouses, civil partners, and cohabitants too. This provides broader protection and helps avoid conflicts of interest.
4. Electronic and Informal Wills
Digital life is a reality for many today. The commission suggests allowing secure, tamper-proof electronic wills, and even recognising informal written ones — so long as a person’s intentions are clearly stated. This would make it easier for people without access to legal professionals to still have their wishes honoured.
5. Updated Mental Capacity Rules
The reforms recommend using the Mental Capacity Act 2005 — not 19th-century case law — as the legal benchmark for mental fitness to write a will. This would provide a modern, consistent standard that aligns with current health and care frameworks.
6. Recognising the Elderly’s Changing Needs
The wills law reform reflects the changing nature of ageing in the UK. Many older people live independently into their 80s and beyond. They manage their finances digitally, and often experience more complex relationships. These proposed changes aim to reflect that reality and give legal recognition to diverse family dynamics.
7. Why These Changes Matter to Families
Family disputes over wills are sadly all too common. These proposed reforms could help prevent misunderstandings, legal battles, and emotional strain. By ensuring the will-writing process is fair, flexible and secure, the law could support both seniors and their families in making end-of-life plans with peace of mind.
What This Means for You or a Loved One
If you’ve already written a will, don’t worry — nothing is changing just yet. These are still proposals and would need to be passed by Parliament. But it’s a perfect time to:
- Review your will, especially if you’ve experienced a major life change.
- Speak to a solicitor about updating it to reflect your wishes more clearly.
- Make sure your family knows where your will is stored and understands your decisions.
- Encourage others — especially older friends — to write or review their wills too.
Looking Ahead
This is more than just legal housekeeping. The proposed wills law reform is about protecting dignity, reducing conflict, and ensuring that a person’s final wishes are honoured without unnecessary complication. Whether you’re making a will for the first time or updating an old one, these changes — if adopted — could offer greater peace of mind for years to come.
Additional Resources
If you’d like to learn more about wills, estate planning, and legal protections for older adults, here are some helpful UK-based resources:
- Law Commission – Wills Reform Project – Official details on proposed law changes.
- Age UK – Making a Will – Advice tailored for older adults.
- Gov.uk – Making a will – Government guide on will creation.
- Citizens Advice – Wills – Free, impartial advice on wills and probate.
Take the time to review your plans and protect your wishes. It’s never too early to make informed decisions for your future.