For the first time, Wills could be made digitally. A major step towards modernising the process. The new rules would allow for secure electronic signing and storage, once the technology is ready.
Courts may get a new ‘dispensing power’ meaning they could recognise a Will that doesn’t meet all the formal legal requirements currently required if there’s clear evidence of the person’s intentions. A common-sense solution to prevent injustice.
At present, getting married revokes any previous Will which is something that many people don’t realise. This rule could be scrapped, helping to protect vulnerable people from exploitation through predatory marriages.
The current legal test for mental capacity dates back to 1870. Under the proposals, it would be replaced with a test based on the Mental Capacity Act 2005, making it more consistent with modern medical understanding.
The minimum age to make a Will could drop from 18 to 16, giving younger people more control over their affairs. Something particularly helpful for those with life-limiting conditions or significant wealth in this social media era.
Over half of UK adults don’t have a Will. These reforms aim to make the process more accessible, reduce family disputes, and ensure people’s final wishes are respected. If the above changes are adopted, these would be the biggest changes to Wills law in nearly two centuries.
If you wish to discuss your Will or any of the proposed changes, please get in touch with Chelsea Rosak at [javascript protected email address] or any member of our specialist Private Client solicitors who would be delighted to assist you.
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