The Law Commission, the independent body which keeps the law in England and Wales under review, have recently published recommendations for modernising the law in relation to will-making. 

• That it should be possible for a Court to uphold an invalidly executed will in the interest of ensuring a person’s wishes are followed where these are clear, even where the formalities for making a will have not been complied with
• That the age at which a person can make a valid will should be lowered from 18 to 16 and that the Court should have power to authorise a child under 16 to make a Will. (It is worth noting that in Northern Ireland, a 16-year-old can make a Will if they are married)
• That the rule that marriage or civil partnership revokes a Will should be abolished
• That provision should be made for Wills to be executed electronically

The above proposed recommendations and others considered in the report could result in significant changes to the law in relation to will-making in England and Wales, which has not been reviewed significantly in 200 years. No doubt legal practitioners and the public will welcome changes to law around will-making, which is at times unfit for purpose in the modern world.

It is yet to be seen whether the suggested changes will be adopted in England and Wales and, importantly, whether Northern Ireland will follow suit. The government will have a year from the date of publication to the Report to consider and respond.

The Law Commission’s summary of their report can be found at the following link

For advice and assistance on making a Will, contact Chloe Emerson on cemerson@fhanna.co.uk