The Law Commission's Recommendations On Bringing The Law On Inheritance Into The Modern Era

A will is one of the most important documents most people will ever draft. However, the law relating to wills remains practically the same as when the Wills Act 1837 was drafted nearly two hundred years ago, having not been comprehensively reviewed since its creation. Individuals today tend to live longer, and their estates frequently hold more value than those possessed by adults in the 1800s, making reform long overdue.

To address this, the Law Commission has published a report with proposed recommendations to clarify various aspects of the process and bring the law into the modern era.

Cameron Jack, an Associate Solicitor (England & Wales), commented: “The new recommendations suggested by the Law Commission are highly likely to bring in new law regarding wills to make the provisions up-to-date, which will be very welcome. It is hoped that protracted inheritance battles will be limited, particularly in cases where it seems clear that the testator was unduly influenced.” Cameron further pointed out “many people are unaware that marriage revokes a will but now the new recommendations seek to abolish this provision, amongst others, that impact on how and to whom the estate is disposed. Furthermore, an important recommendation is that where a testator’s intention is clear, but not all formalities have been met with regards to the drafting of the will, the court should be able to validate the will and adhere to the terms. This would be a welcome change to ensure a testator’s wishes are adhered to.”

Key Proposed Changes to Wills Law

The Law Commission’s recommendations suggest several major updates:

• Dispensing with Strict Formalities: Currently, if a will does not comply with the strict formalities of the Wills Act 1837, it is not valid and does not have to be followed, even if the testator’s wishes are completely clear. The new rules will dispense with formal requirements if a will is deemed invalid simply due to an error on the part of the drafter. Where the testator’s intentions are clear regarding who they wish to inherit their estate, the courts will be able to validate non-conforming wills.
   
• Electronic Wills: The recommendations acknowledge electronic wills, provided there is adequate protection to prevent tampering, fraud, and unauthorised alteration. This will require a combination of robust cybersecurity measures and secure storage solutions.
   
• Lowering the Minimum Age: The Law Commission recommends reducing the minimum age to make a will from 18 years to 16 years. If adopted, this new rule will enable a terminally ill young person to prevent their parents from inheriting their estate, a step often desired when a parent has had no part in their life. It will also enable young people to determine how their body will be dealt with upon their death.
   
• Clarifying Mental Capacity: At present, the tests examining whether a testator has the mental capacity to draft their own will, or whether the Court of Protection must draft it on their behalf, can be complex. The recommendations suggest that the current test outlined in the Mental Capacity Act 2005 should apply instead.

Protecting Against Undue Influence and Predatory Marriage

A significant focus of the proposed changes is protecting against undue influence. The proposals will enable the courts to better interpret wills in situations where undue influence is suspected.

The new rules will specifically address coercion by a third party who overpowers the testator’s true intentions. The courts will heavily scrutinise certain red-flag actions, such as isolating the testator from relatives or friends, controlling their phone access or visits, and insisting on being present during legal discussions. Furthermore, radical changes to a will, such as leaving the estate to a person who has only recently entered the testator’s life, will be closely examined. These actions are particularly pertinent if the testator is frail, elderly, or experiencing cognitive decline. To combat this, the Law Commission has suggested that courts should be able to infer undue pressure and shift the burden of proof.

The recommendations also target predatory marriages. Currently, marriage automatically revokes an existing will. The Law Commission seeks to eliminate this rule to prevent predatory spouses from inheriting an estate by default. However, it is noted that there is a risk that spouses who did not marry for predatory reasons, and are genuinely entitled, may have to raise inheritance claims.

International Considerations: Protecting Assets Abroad

The UK enjoys testamentary freedom, whereby a testator is at liberty to leave their estate to any person or organisation of their choosing. This is unlike many European countries where "forced heirship" applies.

Many British nationals own real estate in countries such as Spain and Italy. If those properties are not specifically included in a will drafted under the succession law of England and Wales, the forced heirship laws of the country where the property is located will apply. 

When Will the New Rules be Implemented?

Although the Law Commission published its final Modernising Wills Law report and a Draft Wills Bill on 16 May 2025, there is currently no fixed date for when these changes will officially become law.

Under standard parliamentary protocols, the Government is generally expected to provide an interim response within six months of a report's publication, and a full, final response within a year. However, there have been some delays in this timeline. In a recent update in early 2026, the Ministry of Justice addressed the pause, stating: "The Government recognises that the current law is outdated, but the guiding principle in undertaking reform will be to ensure that it does not compromise existing freedoms or safeguards". The Government confirmed that further announcements will be made "in due course" once the comprehensive report has received the detailed consideration it requires.

What this means for the immediate future

The legal sector is closely monitoring the situation, but for the time being, the Law Commission's recommendations remain just proposals.

Before any new rules take effect, the Draft Bill must be fully reviewed and passed through Parliament. Because of this rigorous process, actual implementation is likely still a while away.

Until a new Wills Act is officially enacted and brought into force, the Wills Act 1837 remains the governing legislation for all will drafting and disputes.

Giambrone and Partners’ lawyers, both in the UK and across Europe, have extensive experience in ensuring that a testator’s estate, wherever it resides, is disposed of to their heirs exactly as they would wish.

Cameron Jack, who is originally from Northern Ireland, studied both English law and Scots law, graduating from the University of Dundee with English Law LL.B (Hons) in 2019. Having joined Giambrone & Partners in 2020, he has dedicated over five years of service to the firm and qualified as a solicitor in England & Wales in 2026.

Cameron deals primarily with a broad spectrum of family matters, bringing considerable expertise to complex and contentious international cases. His practice focuses heavily on cross-border contested divorce jurisdiction proceedings, as well as cross-border divorce and financial remedy proceedings for a variety of financial backgrounds including high-net-worth (HNW) individuals, often resolving complicated disputes.

Cameron is also experienced in complex private children matters, including sensitive Hague Convention child abduction proceedings. Cameron is a firm advocate for Alternative Dispute Resolution and enjoys exploring these options with clients, to avoid protracted litigation where appropriate.

As an integral part of the firm's LGBT+ team, Cameron specialises in advising LGBT+ clients. He is highly regarded for his empathetic approach and his deep understanding of the unique personal circumstances of the clients he represents.

Cameron’s expertise also extends to employment law, where he works tirelessly to navigate and resolve complex workplace situations for his clients through both mediation and robust dispute resolution. His employment practice has a strong focus on protecting employee rights in cases of unfair dismissal and challenging purported redundancies where employers have failed to follow proper legal procedures and due process. Drawing on his role within the firm's LGBT+ team, Cameron is particularly dedicated to advocating for LGBT+ employees who have been subjected to workplace harassment, discrimination, or unfair dismissal, ensuring their rights and dignities are fiercely protected. Additionally, he provides advice for clients pursuing disability claims, ensuring that workplace discrimination and failures to make reasonable adjustments are stringently addressed.

Finally, Cameron assists international British clients with the drafting of cross-border Wills in Europe, ensuring that their multi-jurisdictional estate planning needs are fully secure.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.