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Testamentary freedom in a digital era

21 May 2025
Issue: 8117 / Categories: Legal News , Wills & Probate , Technology , Court of Protection
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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

NLJ Career Profile: Kadie Bennett, Anthony Collins

NLJ Career Profile: Kadie Bennett, Anthony Collins

Kadie Bennett, senior associate at Anthony Collins and chair of the Resolution West Midlands Group, discusses her long-standing passion for family law and calls for unity in the profession

Osborne Clarke—Lara Burch

Osborne Clarke—Lara Burch

Firm appoints new UK senior partner for 2026

Keoghs—Louise Jackson & Katie Everson

Keoghs—Louise Jackson & Katie Everson

Healthcare and sports legal team expands in the north west

NEWS
Lawyers and users of the business and property courts are invited to share their views on disclosure, in particular the operation of PD 57AD and the use of Technology Assisted Review (TAR) and artificial intelligence (AI)
Social media giants should face tortious liability for the psychological harms their platforms inflict, argues Harry Lambert of Outer Temple Chambers in this week’s NLJ
Ian Gascoigne of LexisNexis dissects the uneasy balance between open justice and confidentiality in England’s civil courts, in this week's NLJ. From public hearings to super-injunctions, he identifies five tiers of privacy—from fully open proceedings to entirely secret ones—showing how a patchwork of exceptions has evolved without clear design
The Leasehold and Freehold Reform Act 2024—once heralded as a breakthrough—has instead plunged leaseholders into confusion, warns Shabnam Ali-Khan of Russell-Cooke in this week’s NLJ
The Employment Appeal Tribunal has now confirmed that offering a disabled employee a trial period in an alternative role can itself be a 'reasonable adjustment' under the Equality Act 2010: in this week's NLJ, Charles Pigott of Mills & Reeve analyses the evolving case law
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