Law Commission Proposes Major Reform to Wills Law: Toward Clarity, Capacity and Client Protection
- CHAMBERS
- May 30
- 1 min read
The Law Commission has released its long-anticipated recommendations to reform the law of wills in England and Wales, marking the most significant proposed update to succession law in nearly two centuries.
Key proposals include legal recognition of electronic wills, removing the rule that marriage revokes a will, reducing the minimum age to 16, and simplifying the test for testamentary capacity by adopting the Mental Capacity Act 2005 standard. Crucially, the Commission also proposes a more practical route to challenge undue influence and to give legal effect to a will where a testator’s clear intentions are known - even if formalities were not fully met.
These reforms reflect the evolving nature of private client work, where legal clarity, mental capacity, and protection against financial abuse must be balanced with respect for autonomy and testamentary freedom. For private client practitioners, this signals not just legal change but a deeper shift toward a more accessible and ethically responsive framework for clients and their families.
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