Given that we are fast approaching the 200 year anniversary of the Wills Act 1837, it only seems logical that the law on wills could do with some modernisation. Times have changed somewhat since the Victorian era and it's time the law caught up. As Emily Deane TEP - technical counsel and head of government affairs at STEP remarks in this article, reform is long overdue.

Key recommendations include the introduction of digital wills, the abolition of the revocation of wills upon marriage or civil partnership and the lowering of the age at which you can make a will to 16, down from 18.

The idea of digital wills sends shivers down the spines of many will-writing professionals, but with less than half of adults having a will, the introduction of electronic wills is an important advancement which is to be embraced, albeit with I would hope a robust system of checks and balances in place. The obvious risk of fraud and the concerns of undue influence means that the protection of the testator must be paramount. 

Similarly, the ability to make a will at age 16 might also send a shiver down the spines of many parents, but again, this is, I think, rightly being viewed as a positive change, granting young people greater autonomy over their assets. It also brings the law in line with various others, although it hasn't gone as far as Scotland, where the age to make a will is 12!

Perhaps the least controversial of the proposed changes is the automatic revocation of a will on marriage. The support for this change has also been welcomed more widely by campaigners against predatory marriages and the impact of these situations on vulnerable individuals. Often, our advice is to review your will after any major life event, and marriage should come quite high up on that list! 

The reforms also consider the test for testamentary capacity and the proposal to bring this in line with the Mental Capacity Act 2005.  Although the case for unification and simplification within the law is a strong one, we will be leaving behind a wealth of case law and a test that is well established and has been explored and explained over the years.  

Clearly, the proposals are far-reaching and, if enacted, will replace the Wills Act and make significant changes to how Wills are created.  Although no immediate action needs to be taken, it is a helpful reminder to ensure your will is up to date. To update your will or for more information, please contact me.