Government urged to modernise wills reform

The Law Society of England and Wales has issued a strong call for action from the government to modernise wills legislation, emphasising that the current laws are outdated and inadequate for today’s needs. Six months after the Law Commission published its report on Modernising Wills Law, there has been no significant progress from the government to address urgent necessary reforms.

The report highlighted key recommendations aimed at updating the existing legal framework, which has remained relatively unchanged since the Wills Act 1837. Essential changes proposed include allowing for electronic wills, reflecting the evolving public attitudes towards the way wills are created and stored in the digital age. Law Society president Mark Evans expressed concern, stating that “six months on from the Law Commission’s guidance to reform wills, there has been no movement from the government on updating this crucial law that affects every single one of us.”

Evans’s plea underscores the need for “robust safeguards for electronic wills,” which are vital to ensure that they uphold the same trust and security standards as traditional paper wills. He emphasised that “these safeguards must include effective protections against undue influence and clear proof of mental capacity to make a will freely.”

As the landscape of technology continues to evolve, the importance of adapting legal frameworks to protect individuals’ rights becomes increasingly clear. The Law Society's urgent call to action is a reminder to the government of its responsibility in ensuring that the Wills Act remains relevant and effective for future generations. “The time for the government to act is now,” Evans concluded, highlighting the pressing need for reform to ensure that everyone has access to justice and the protection of their last wishes.

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