Victoria Riddleston
Senior Associate Solicitor
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Date Published:18 Aug 2017 Last Updated:25 Oct 2021

Law Commission to Carry Out Consultation on Reforming The Law of Wills

Wills, Trusts & Probate

The Law Commission is carrying out a consultation on reforming the law of Wills. The Law Commission has noted that the
current law is not as clear or protective as it could be and needs to be modernised.

The proposals the Law Commission will be considering include:-

  • Recognising a Will where the formalities under the Wills Act 1837 have not been followed but the person making the Will has made their intentions clear.
  • Amending the rules on undue influence.
  • Applying the test for capacity under the Mental Capacity Act 2005 in relation to whether a person has capacity to make a Will.
  • Providing statutory guidance for doctors and other professionals when conducting an assessment of a person to determine whether they have capacity to make a Will.
  • Consideration of electronic Wills.
  • Lowering the age at which a person can make a Will from 18 to 16.

The consultation period closes in November 2017.

The above proposals could signify a very significant change to the law on Wills. We will be posting a series of blogs updating on the process and reports of the Law Commission when they are released

At Ellis Jones, our Wills team are experts in their field. If you have any queries regarding Wills please get in touch with the Wills team on 01202 525333, send an email enquiry or visit their wills services page.