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Modernising wills: Law Commission draft Bill replacing the Wills Act 1837—electronic wills, MCA 2005 capacity, undue influence reforms, dispensing power, and minimum age 16 (England and Wales)

Published on: 11 June 2025

Published by a LexisNexis Private Client expert
Legal News
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Article summary

Recommendations to modernise wills law to promote testamentary freedom

The purpose is to update the rules on wills so they are suitable for today. The concluding report sets out a draft Bill intended to replace the Wills Act 1837 (WA 1837).

What are the plans over this being retrospective/active?

The draft new Wills Act would revise the existing framework, carrying across provisions from the WA 1837 and drawing together other will-related rules from separate statutes into a single, consolidated Act.

What did the Law Commission miss in undertaking this review?

The Law Commission stopped short of proposing mandatory registration of wills, which many may regard as a missed chance for reform.

What should practitioners do with existing Wills?

Until any reforms are enacted and a new Wills Act is on the statute book, practitioners should continue preparing and drafting clients’ wills in accordance with the current WA 1837.

What changes should be made to Will drafting if the proposed Act is passed?

Introducing the option for electronically produced wills would be a major development for practitioners and could fundamentally alter the way practitioners...

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