Law Commission Proposes Major Overhaul of Wills Law
The Law Commission has published its recommendations to modernise Wills Law in England and Wales, aiming to promote testamentary freedom - the right to decide how one’s estate is distributed after death.
With laws dating back to the Victorian era they are currently 200 years old, and the report calls for reforms to reflect today’s society, including the need to modernise wills and changes in family structures.
The key proposals made are:
- Legalising electronic wills under certain safeguards.
- Ending automatic revocation of wills upon marriage to prevent predatory marriages.
- Allowing wills from age 16, especially for terminally ill minors.
- Simplifying rules to validate a person’s clear final wishes, even if formality requirements aren’t fully met.
- Introducing stronger protections against undue influence and aligning mental capacity tests with the Mental Capacity Act 2005.
The report has been submitted to Parliament with a draft bill. It’s now up to the Government to act.
Box Legal’s Perspective:
While the modernisation of wills is a positive proposal there may also be challenges based on undue influence, knowledge and approval, and ademption.
If you advise on will disputes, it’s worth preparing for a future where digital evidence, capacity assessments, and new statutory powers may play a more prominent role. We provide ATE coverage for probate cases. If you’re interested in finding out more click here.
MPs demand urgent plan for cutting clin neg costs
MPs are calling on the government to produce a plan within six months to tackle the rising legal costs tied to NHS clinical negligence claims, now the second-largest public liability after nuclear decommissioning. In 2023/24 alone, £2.8bn was paid out, with £536m spent on claimants’ legal fees.
The Public Accounts Committee criticised the Department of Health for lacking a clear strategy, calling the delay “unacceptable.” Chair Sir Geoffrey Clifton-Brown urged prioritising both patient safety and legal fee reforms to curb what he called “jaw-dropping” costs.
While the government claims the rise is due to higher pay-outs rather than increased claims, MPs insist reforms, including a long-delayed fixed cost scheme are overdue. A plan was expected by the end of 2024; however, this has still not been put in place.
The public to see data on avoidable conveyancing errors
Starting this autumn, HM Land Registry will publicly share data on avoidable errors made by conveyancers such as missing documents or incorrect names. The move, supported by the SRA, aims to reduce the £19m annual cost of follow-up requests and help consumers make informed choices. Conveyancers are already receiving the data privately, with new training resources provided to help cut errors.
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