The Law Commission’s consultation on Wills; a step towards modernisation?

Back in April The Law Commission announced that that a comprehensive review of the law relating to Wills was to be undertaken. This summer, the Law Commission released the wide-ranging consultation aimed at bringing the law relating to Wills into step with the modern world. In the consultation document the Commission said they believed that current laws are failing to protect the vulnerable.

The key issues that have been raised include:

  • Giving the court greater flexibility to uphold wills that do not meet legal requirements
  • Using the Mental Capacity Act test to establish capacity to write a Will
  • Introducing a statutory presumption of capacity to write a Will
  • Reducing the age at which someone can make a Will from 18 to 16
  • The possibility of online or electronic Will writing in the future.

Nick Hopkins, Law Commissioner, said: ‘Making a Will and passing on your possessions after you’ve died should be straight-forward. But the law is unclear, outdated and could even be putting people off altogether. Even when it’s obvious what someone wanted, if they haven’t followed the strict rules, courts can’t act on it. And conditions which affect decision-making – like dementia – aren’t properly accounted for in the law.’

The consultation will run until 10 November 2017.

Please visit our website page about making a Will. If you haven’t already done a Will or if you simply wish to speak to someone about Wills, please contact the office on 0208 427 5656 or email Julia Newland ( or Suzanna Baker (