The Wills Act 1837 has largely remained untouched in its near 200-year existence but that could be about to change significantly after The Law Commission published its anticipated report and draft Wills Bill.
The Wills Bill proposes revolutionary changes that are designed to bring laws surroundings Wills into modern day, providing updated language, provisions and clarity.
With the proposed changes set out, what does this mean for you and how will these changes affect you moving forward?
Is who can make a Will impacted by the proposed changes?
Currently, anyone over the age of 18 can make a Will, but under the proposed Wills Bill, 16- and 17-year-olds would also be allowed.
The proposed changes would ensure teenagers aged 16 and 17 could legally make a Will in the same way as people aged 18 and over.
The courts would authorise and rectify the Will, meaning it would have the same legal standing as an adult Will.
The Law Commission are also proposing that Courts could allow under-16s to make a Will in the same way, but only in a particular set of circumstances and deemed appropriate, such as if a child is terminally ill.
How have the Law Commission incorporated technology into their proposed Bill?
With advancements made in modern technology, The Law Commission have looked into how Testamentary Law can evolve and utilise this to its maximum potential.
A significant factor in their Wills Bill is the ability to create a Will digitally and have a witness join via a video conference call.
They stress, however, that should an individual want to make a Will using digital technology, the system must have the capabilities to authenticate the Will and uphold its integrity.
This would represent a huge shift in how individuals create their Will and should make the process much smoother.
Are there further changes proposed by The Law Commission?
In addition to the proposed changes above, The Law Commission are also proposing further changes which include:
- An updated modern Capacity Test
- Courts validating Wills that do not meet all the formal requirements
- Marriage or civil partnership no longer revoking a Will
- Undue Influence updates
- Smoother rectification processes
- Ademption rule updates
- Witness gifts amendments
It’s a significant number of changes, but it’s what The Law Commission believe is required to bring Testamentary law in line with the modern climate.
What do these proposed changes mean for you?
The Law Commission believe these changes in legislation will provide benefits to all long-term, should they be introduced.
A big positive with these proposed changes is that they give individuals flexibility and accessibility; it gives them a choice. The introduction of electronic Wills and lower age limits ensures inclusivity, giving people the ability to create a Will anywhere, anytime.
The proposed new rules also offer protection, given the updates to undue influence measures, while vulnerable individuals have great power in situations such as predatory marriages.
As well as benefitting you, the Courts also reap the rewards in the proposed Bill. Granting them wider powers and extended rectification provisions moves the legal process along at a much faster pace while also reducing the costs to you.
The intention is that the costs to you would reduce because the extended powers reduce the chance of costly legal challenges.
Every eye will be on whether any modernised Wills process will remain robust enough to minimise fraud and undue influence.
It’s unclear at this stage when these proposed new laws will be introduced, but this is definitely an area to watch.
Our expert team can provide all the advice and support you need when making a Will. If you’re unsure what the changes might mean, give us a call today.