Wills Reform: Major changes proposed after 30 years

Key Recommendations:

• Increased Judicial Discretion: Courts would have greater flexibility to uphold wills that do not meet formal requirements, where there is clear evidence of the testator’s intentions.
• Reduced Testamentary Age: The legal age to make a will would be lowered from 18 to 16, enabling younger individuals to make plans for the future.
• Wills Unaffected by Marriage: Marriage or civil partnership would no longer automatically revoke an existing will, reducing the risk of unintended intestacy.
• Enhanced Protections Against Undue Influence: Courts would be better equipped to address cases involving coercion or undue influence.
• Preparation for Electronic Wills: The reforms lay the groundwork for the future legal recognition of digital wills.
• Updated Capacity Assessment: The test for testamentary capacity would be brought in line with the Mental Capacity Act 2005, ensuring consistency and fairness.

These proposed changes aim to make will-making more inclusive and reflective of modern families, relationships, and technology, ensuring that people’s final wishes are properly safeguarded.

If you would like advice on how these changes could affect your current arrangements our Wealth Preservation Team at Greenwoods is here to help.