STEP welcomes Law Commission reforms for wills

On 16 May 2025, STEP, the professional body for trust and estate practitioners, expressed its initial response to the Law Commission's Report: Modernising Wills Law and the draft Bill aimed at replacing the Wills Act 1837, which has seen little change since the Victorian era. The proposed reforms are poised to reshape inheritance planning significantly.

Key recommendations from the report include the introduction of electronic wills with additional formality requirements, the abolition of the revocation of wills upon marriage or civil partnership—which aims to protect individuals from predatory practices, lowering the age of testamentary capacity and the ability to make a will to 16, and enhancing court powers to address undue influence and validate wills.

Emily Deane TEP, Technical Counsel and Head of Government Affairs at STEP, remarked “Reform of the Wills Act is long overdue and is welcomed. It brings with it far-reaching implications particularly concerning the proposed abolition of the law that revokes a person’s will when they marry or enter a civil partnership." She highlighted the necessity of public awareness to prevent potential inheritance disputes following these reforms.

The introduction of electronic wills is noted as a critical advancement, particularly since currently only 49% of UK adults have prepared a will. Proper safeguards must be established to protect sensitive data, especially for vulnerable individuals. The proposed regulations stipulate that electronic wills will remain valid only if registered on a government-approved central storage system, maintaining the security of the will-making process.

Additionally, the reform to allow 16- and 17-year-olds to create valid wills is seen as a positive shift, granting young people greater autonomy in determining asset distribution. STEP stresses the need for extensive public education to ensure young people understand the importance of wills.

One of the most notable changes is the proposal that marriage and civil partnerships will no longer automatically revoke an existing will. This development is widely supported by campaigners like Daphne Franks, who have advocated against predatory marriages that impact vulnerable individuals. While there is divided opinion within the legal profession concerning this change, it underscores the critical need for individuals to remain vigilant against financial abuse and to update their wills after major life events.

The issue of undue influence is also addressed in the report. Steps to enhance court powers to identify and rectify this issue are essential, as litigation linked to undue influence increases. Recommended measures include shifting the burden of proof to those who stand to benefit from a will under suspicious circumstances. This adjustment aims to better protect individuals from manipulation while respecting their right to create a valid will.

Another key recommendation involves unifying the tests for testamentary capacity, ensuring clarity and coherence by employing the Mental Capacity Act 2005 as the sole standard. This change signifies a move towards consolidated legal frameworks, fostering better understanding and application.

As the Law Commission’s Report and draft Bill proceed for governmental review, STEP is committed to actively participating in these discussions. They are calling for a public information campaign to elucidate these changes and mitigate the emotional and financial strain of disputed wills for families affected by such legal matters.