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21 May 2025
Issue: 8117 / Categories: Legal News , Wills & Probate , Technology , Court of Protection
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Testamentary freedom in a digital era

The Law Commission has proposed increased protection against undue influence, an end to the ‘automatic revocation’ rule and the introduction of electronic wills

Its report, ‘Modernising wills law’, and draft Bill, published last week, would overhaul the legal framework established by the Wills Act 1837. It recommends electronic wills be valid, subject to ‘an additional formality requirement’. Other changes would reduce the minimum age from 18 to 16, and increasing protections for those who are coerced into making a will.

The commissioners expressed concern that the revocation of wills on marriage or civil partnership was motivating ‘predatory marriages’ where someone marries in order to inherit. They recommended abolishing the rule.

They also suggest giving judges the power to order a will be considered legally valid in ‘exceptional circumstances’ where the deceased’s intentions are clear but formal requirements have not been met. On the other hand, they warned the law does not provide enough protection against coercion. Where formalities have been complied with but there are reasonable grounds to suspect coercion, they recommend it be possible for courts to infer undue influence.

Hayley Robinson, private wealth disputes specialist, Stevens & Bolton, broadly welcomed the proposals but warned there could be a spike in disputes—both regarding the requirements of electronic wills and on the meaning of ‘exceptional circumstances’ where courts approve formally invalid wills.

Robinson said: ‘These proposals rip up nearly two centuries of learning on the creation of wills, mostly for good reason.

‘Particularly welcome is the recommendation to change the huge unfairness sometimes created by the automatic revocation of a will by marriage.’

Robinson urged ‘significant caution’ on electronic wills ‘as one of the few benefits of the current requirements for executing a will are the formalities creating a degree of protection from good old paper and ink’.

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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