28/05/25
On 16th May the Law Commission published their report on will writing in the UK. The Law Commission’s recommendations to modernise wills represent the greatest change in the law of wills since the Wills Act of 1837.
The Commission’s objective was to take a look at the laws governing will writing, which are considered by many to be outdated as they are the product of the Victorian era, and modernise them in accordance with the digital age we now live in.
These recommendations are nothing short of a complete reformation of how the law will be applied governing wills, with the aim to bring the sector up to date for an age where people are living longer, they have more assets, and their wishes need to be respected in relation to their assets when they die.
As our Managing Director, Andrew Houston says, “The Law Commission’s proposed reforms to modernise wills are a once-in-a-generation opportunity for the legal sector. From removing outdated formalities to embracing digital execution, these changes could reshape how we serve clients and scale services. At CTT Group, we’re already aligning our strategy to lead in this new era.”
In this article we’ll summarise the Commission’s key recommendations and offer our response. As a leading provider of estate planning expertise and professional support, we are perfectly placed to delve into the report and extract the most pertinent points that will affect us in the will writing and estate planning sector going forward.
What are the Law Commission’s recommendations?
Supporting testamentary freedom
One of the Commission’s main objectives was to further safeguard the testator’s wishes, ensuring that even if their will documentation is not letter-perfect, if the evidence supports it, their wishes will still be carried out as per their original intention – essentially making sure that the letter of the law doesn’t defeat the spirit of the law.
“It should be possible for a court to dispense with the formality requirements in relation to an invalid will – ‘a dispensing ’”
This will allow the court to allow an imperfectly executed will to be used if the document accurately reflects the testator’s intentions. With the formalities dispensed, on a case-by-case basis, this will save many people from having contested wills and avoid the chance that their wishes won’t be carried out after their death. Of course, there will need to be evidence provided to show clearly what the testator’s intentions are.
“The age at which a person can make a valid will should be lowered from 18 to 16”
This is in an effort to modernise will practice. By lowering the age at which someone can create a valid will, we are allowing those young people with terminal illnesses or other such conditions to have their wishes known and carried out upon death. We also think it’s important to educate people about the importance of wills as much as possible; lowering the age at which a person can draft a will help us do just that.
“The court should be able to rectify a will when it is satisfied that the will does not reflect the testator’s intentions. This could be due to the estate planner/will writer failing to understand the meaning or effect of the language used in the will”
In cases where the opposite of the previous point has occurred, the Commission recommends that the intentions of the testator should be honoured if the will does not adequately reflect those intentions.
With our robust training courses on all aspects of will drafting and the support we provide for our advisers, we are confident that estate planners who use us can assure their clients that their wishes will be adequately and accurately recorded in their will. Our members as CTT Legacy Software users are supported every step of the way to draft valid and accurate wills.
Protecting testators
Another of the Commission’s aims is to make sure that testators themselves are protected from unscrupulous practises and manipulation by parties concerned only with acquiring their money or assets and are not acting in the best interests of the testator.
“To provide better protection to testators (and particularly to vulnerable testators), it should be possible for the courts to discover if a will was brought about by undue influence, but only where there is sufficient evidence to provide reasonable grounds to suspect it”
It may seem surprising, but there are many instances of undue influence being applied to testators who are either vulnerable, or perhaps have diminished mental capacity, in order to take advantage of them. Here, the Commission is recommending that the courts have the power to step in where it is apparent that some manipulative tactics have been used.
As Spencer Tattam, our Technical Director puts it, “For clients, the Law Commission’s reforms promise greater flexibility, accessibility, and protection. Whether it’s recognising electronic wills or safeguarding vulnerable individuals from undue influence, these changes are about making estate planning more human and more secure. We’re here to guide every step.”
“The rule of invalidating a gift in a will to a witness, or to their spouse or civil partner, should be extended so that gifts in a will are also invalidated where they are made to the cohabitant of a witness; a person who signed the will on behalf of the testator; and the spouse, civil partner or cohabitant of a person who signed the will on behalf of the testator”
With this recommendation, the Commission is trying to ensure that there is no attempt at bribery or coercion happening by limiting the testator’s ability to give gifts to others through a will. On the surface this may seem like overstepping the mark, but these gifts will probably still be able to occur in legitimate circumstances; there will be a burden of proof to ensure that the gifts have been given in good faith.
“The court should have the power to preserve a gift made to a witness, or to a person who signs the will on the testator’s behalf (or to their spouse, civil partner, or cohabitant), if it considers this just and reasonable—taking into account that person’s conduct in relation to the execution or proof of the will.”
As the above is stating, this is providing a further safeguard to ensure the testator is protected from coercion. In this case, the court will be able to hold a gift if they consider the witness to be acting improperly towards the testator.
“The rule that marriage or civil partnership revokes a will should be abolished”
Many don’t realise that any pre-existing will is made invalid upon marriage. This can cause all manner of problems later on down the line especially if the couple divorce. All of these recommendations will bring much greater protection for everyone who creates a will and will help to safeguard their assets.
Certainty and clarity
The current law (or lack thereof) around will writing and will documentation gives room for much uncertainty and use of language to obfuscate the meaning and intentions behind clauses in wills and testator’s intentions. The Commission has made several recommendations to combat this.
“The test set out in the Mental Capacity Act (MCA) 2005 should apply to all assessments of testamentary capacity”
This is the widening of the use of a mental capacity test to make sure that testators are of right mind when drafting their will.
“The MCA Code of Practice, which provides guidance to those assessing capacity under the MCA, should refer to and explain the elements of the Banks v Goodfellow test. The Mental Capacity Act 2005 test presumes that a person has capacity unless it is shown that they do not. We recommend that this presumption of capacity should apply in the context of making a will”
Providing guidance on whether someone has the capacity to make a decision is paramount to the successful drafting of a valid will. It legitimises our practises and transmits to all involved that we, as estate planners and will writers, have the best interests of the testator at the very heart of what we do.
“Provision should be made for electronic wills. Electronic wills should be valid in the same way as paper wills, provided that they meet an additional formality requirement: that a reliable system is used to ensure the security of the will”
This recommendation made our day. For years now, CTT has been at the forefront of the digital evolution in the estate planning sector and now we see that the Commission regards the digitisation of wills as the necessary next step in the sector; this is because of several factors, such as Covid and the increase in use of digital technology in almost every area of life.
Spencer Tattam, our Technical Director had this to say, “The future of estate planning is digital. The Law Commission’s endorsement of electronic wills is a bold step forward—and a clear signal to the sector: adapt or be left behind. At CTT Group, we’re investing in secure, scalable tech to meet this moment.”
Electronic wills embody the same legal power and validity as a paper-based will, and with our full digital process through our CTT Legacy Software we draft documents, check IDs, create Recommendation Reports, and Confirmation of Instruction Reports, everything a will writer or estate planner needs to carry out their role as efficiently and transparently as possible.
CTT continue to offer the best solution for will writers going digital in the future and are dedicated to providing ongoing support as the increased demand for electronic wills continues to grow.
In conclusion
It would be fair to say that the future of wills is going to change quite dramatically very soon, the best thing to do is to be a part of the change, incorporating digital processes and any changes in legislation into the role, to continue to succeed in the industry.
As for the report – it is now up to the government to respond. We expect to see a response within six months of the report’s publication. The recommendations laid out by the Commission will make the law clearer and remove uncertainty around wills and will writing, they will also better protect testators and ensure their wishes are carried out correctly and in good faith. We at CTT welcome these recommendations and look forward to the coming changes in the next few years; it is a very exciting time to be an estate planner!
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