09 June 2025
At Aldridge Brownlee Solicitors, we welcome the chance to review these important proposals, which could make a real difference to how people plan for the future.
Moving Towards Electronic Wills
One of the key changes being proposed is the introduction of electronic Wills. In a world where we’re used to signing documents online, this feels like a natural step forward. During the COVID-19 pandemic, video-witnessed Wills were temporarily allowed and now there are calls to make similar options available permanently.
Under the new plans, electronic Wills could become legally valid if they meet strict rules to prevent fraud. But there are still concerns, especially about protecting older or vulnerable people who may not be confident with technology. Any changes would need strong safety measures to stop abuse.
Can You Make a Will by Audio or Video?
Another suggestion is to allow courts to accept recordings (like audio or video on a phone or computer) as valid Wills. This could help in emergencies, but it would still need a court application, which can be expensive and slow.
For most people, a written Will is still the best and safest option. It’s quicker, clearer, and much easier to deal with. Using non-traditional formats could lead to delays and more disputes, especially as the probate system is already stretched.
Protecting Vulnerable People: Undue Influence and Predatory Marriages
The Commission also wants to make it easier to challenge Wills made under pressure. Right now, it’s very hard to prove someone was influenced unfairly when making a Will. The new proposals would allow courts to consider the wider circumstances, giving better protection to vulnerable individuals.
Another important change is the plan to stop Wills from being automatically cancelled when someone gets married. This rule can be exploited and removing it could prevent people being disinherited without realising.
Clarifying Mental Capacity
At the moment, there are two different legal tests for deciding if someone has the mental capacity to make a Will. The Law Commission wants to simplify this by using just one standard: the Mental Capacity Act 2005. This change would bring much more clarity and make the process easier to follow for everyone involved.
What This Means for You
If these changes go ahead, they’ll have a big impact on how Wills are written and challenged. While some of the new ideas offer more flexibility, like digital Wills they also bring new risks, especially for vulnerable people. That’s why it’s so important that these proposals are carefully reviewed before any changes become law.
We are here to help you understand your options and make sure your Will is clear, secure, and reflects your wishes. Whether you're writing a Will for the first time or need to update an existing one, our expert team is ready to guide you through every step.
Thinking of making or updating your Will? Contact our team today to ensure your wishes are clearly and securely documented. Visit: Contact Us AB Solicitors For Your Legal Needs
