The law governing wills in England is based on legislation dating back to 1837. While society, family structures and technology have changed dramatically since then, the legal framework for making a valid will has remained largely the same.
For many years this caused little public debate. However, in recent times the shortcomings of the current system have become more apparent. People live longer, families are more complex, and assets are no longer limited to property and bank accounts. At the same time, more people are trying to manage legal affairs themselves using templates or online platforms.
Against this background, the Law Commission has been reviewing whether the law of wills still works as intended. Its proposals include recognising electronic wills, giving courts greater flexibility where someone’s wishes are clear, and updating technical rules that can invalidate wills for minor errors.
These proposals are intended to reduce unfair outcomes where someone’s genuine intentions are defeated by technicalities. However, they also highlight just how easy it is for wills to go wrong.
Even under the current law, solicitors frequently deal with estates where a will exists but cannot be relied upon. Some are invalid because they were not properly signed or witnessed. Others contain ambiguous wording that leads to disputes between beneficiaries. In many cases, the will no longer reflects the person’s circumstances at the time of death.
Periods of legal change often increase the risk of disputes rather than reduce them. When rules are in flux, families are more likely to argue about interpretation and intention. Informal documents, handwritten notes and digital records are particularly vulnerable to challenge.
A professionally drafted will does far more than record who should inherit. It appoints executors who will be responsible for administering the estate, dealing with banks, property transactions and tax authorities. It can include trusts to protect young beneficiaries, manage inheritances for vulnerable family members, or preserve assets for future generations.
Solicitors also advise on inheritance tax planning, ensuring that allowances are used effectively and unnecessary tax is avoided where possible. This is an area where DIY wills often fall short, leaving families with avoidable tax bills and delays.
Family dynamics add another layer of complexity. Second marriages, children from previous relationships, unmarried partners and dependants all require careful consideration. Without clear drafting, wills can unintentionally exclude loved ones or give rise to claims against the estate.
Even if electronic wills are introduced, the need for clarity, structure and foresight will remain. Technology may change the format, but it does not replace legal judgment.
Using a solicitor ensures that a will is legally valid, clearly expressed and robust enough to withstand challenge. In an area of law that affects families at their most vulnerable, professional advice remains the safest and most reliable way to ensure wishes are respected.
