The rules surrounding wills are set to change as the Law Commission is expected to publish its long-awaited report on will reform in April 2025 alongside a draft Will Bill.
The report is expected to recommend reform in relation to the entire will-making process with recommendations to include the following:
- Introduction of electronic wills
- Whether marriage should revoke a will
- The age at which a testator can make a will
- The appropriate test for testamentary capacity
- Formalities to make or revoke a will
- A dispensing power to recognise a will that does not comply with formalities
- And so much more.
There are two main topics under review, one of which is the potential introduction of electronic wills. The increasing use of digital signatures and secure online document storage, particularly during the COVID-19 pandemic increased support for electronic wills.
Whilst the concept of digital wills may become a reality in the near future concern remains over security and long-term storage, and electronic wills will need to have an appropriate level of protection to address concerns about the risk of fraud and undue influence.
The second main topic under review is whether marriage or civil partnership should continue to automatically revoke a will. It appears that predatory marriages, (where someone exploits the vulnerability of another, usually an older person to induce them into marriage) are on the rise and we may see predatory marriages becoming void rather than voidable to protect vulnerable persons and their Estates.
As the Law Commission finalises its recommendations there continues to be much debate on bringing will-making into the digital age and the continued safeguarding of vulnerable individuals.
An unsuccessful claimant in a legal case may be required to pay some or all of the other side’s costs as well as their own costs and disbursements which may include expert fees – that’s where After The Event Insurance comes in. Here at Box Legal we are able to offer after the event insurance to accommodate all types of will and probate disputes, including claims relating to:
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- Claims for Financial Provision
- Imperfect Drafting or Execution of Wills
- Forgery and Fraud
- Lack of Mental Capacity
- Undue Influence
- Rectification and Estoppel Claims
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