Time to Update the Wills Act 1837?
It might surprise you to learn that the law governing wills in England and Wales, the Wills Act, dates back to 1837. While it has seen amendments over the years, many of its original Victorian provisions remain. This enduring legacy means that your current will, or lack thereof, is subject to rules nearly two centuries old. Recognising the need for change, the Law Commission recently published a comprehensive report proposing significant reforms to create a Wills Act fit for the 21st century.
Key Proposals for Will Law Reform
The Law Commission’s recommendations aim to address the challenges posed by an antiquated legal framework in a modern world.
Embracing Electronic Wills
In 1837, paper was the only medium for legal documents; digital screens were unimaginable. The Law Commission now recommends that electronic wills should be legally valid. This crucial step towards modernisation would, however, be subject to robust protections for the person making the will (the testator) and stringent security measures for the document itself, ensuring its integrity and authenticity.
Ending Will Revocation on Marriage or Civil Partnership
Currently, in England and Wales (and Northern Ireland, but not Scotland), a will is typically automatically revoked upon marriage or entering a civil partnership. This little-known rule can lead to significant issues, as many couples mistakenly believe their pre-marital wills remain valid. This often results in unintended outcomes, particularly if one partner dies without creating a new will. The reform also addresses the concerning issue of ‘predatory marriages,’ where an individual marries primarily to benefit from intestacy rules when an older partner dies without updating their will.
Lowering the Minimum Age for Making a Will
The current law in England and Wales (and Northern Ireland) generally requires an individual to be at least 18 years old to create a valid will. This contrasts sharply with Scotland, where the minimum age is just 12. English law already presumes that children from age 16 possess the capacity to make a range of important decisions, yet inexplicably excludes the creation of a valid will. The Law Commission’s proposal seeks to align this by allowing anyone aged 16 and above to make a will.
These and other proposed changes have now been incorporated into a draft bill presented to Parliament. It is now up to the Government to decide whether to implement these recommendations, a process that could take a year or more. However, this potential delay is no reason to postpone your own estate planning: even a will governed by a nearly 200-year-old act is infinitely better than having no will at all.
Understanding the intricacies of wills and estate planning can be complex, and staying abreast of potential legal changes is vital. For expert advice on drafting or updating your will, and for comprehensive guidance on your estate planning needs, please contact the dedicated team at Chartwell Wealth Management.
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