Following a range of proposals from the Law Commission, it’s time for the UK government to revise the Victorian laws that still govern wills in England and Wales.
While some amendments have been made to the Wills Act 1837 throughout the 188 years since it came into effect, some of the early Victorian rules remain. Meaning you and your family are currently subject to arcane laws from long before any of you were born!
This is why the Law Commission has published a report with comprehensive recommendations, encouraging the government to update the Wills Act to reflect 21st century life.
Here’s how the rules for writing wills in England and Wales could change within the next year.
What are the proposed reforms?
The report on Modernising Wills Law is available to read on the organisation’s website. The primary changes that the Law Commission is recommending include:
Allowing electronic wills
Back in 1837, wills were only ever written on paper. However, in the age of digital screens, wills that are written electronically should also be made legally valid.
Of course, the government must also set out specific requirements for electronic wills to protect the person making the will and ensure these documents are secure.
Ending will revocation on marriage
In England, Wales, and Northern Ireland (but not Scotland), a will is automatically revoked upon entering a legal marriage or civil partnership. Not many people are aware of this, so couples may believe their previous wishes are still valid after their wedding.
Abolishing this rule can prevent exploitation through ‘predatory marriages’ – for example, when someone marries a vulnerable person or older partner knowing they’ll benefit from intestacy rules when their partner passes away without creating a new will.
Lowering the minimum age to make a will
While the minimum age for making a valid will is only 12 years old in Scotland, you must be 18 years old to make a valid will in England, Wales, or Northern Ireland.
As English law already gives teenagers the ability to make a range of legal decisions at 16 years old, it makes sense that people should also be able to make a will at 16 years old.
This would be especially helpful for terminally ill children aged 16–17 years old, who currently have no legal control over what happens to their body or belongings when they die.
Speak to professional will writers today
The proposals above were incorporated into a draft bill that was presented in Parliament – the government must now decide whether they will implement these recommendations or not.
This could take at least a year, but if you haven’t written a will yet, you shouldn’t wait until then. Both estate planning and Inheritance Tax planning are essential to make sure your assets are distributed and managed according to your personal wishes when you pass away.
With an experienced and empathetic team of accountants in Barnsley on hand, our will writers at gbac can assist you in bringing your will up to date with the latest regulations.
We also offer probate services to help with the execution of a will after death, reducing the stress of administrative tasks for family members who have lost a loved one.
To discuss writing a will and managing your estate, call our team on 01226 298 298, or send an email to info@gbac.co.uk and we’ll get back to you promptly with more information.