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Rewriting the Rules: A New Chapter for Wills Law

The Law Commission’s recent report on Modernising Wills Law marks a landmark moment in estate planning for England and Wales. After nearly two centuries under the Wills Act 1837 and centuries of case law, the current legal framework is no longer fit for purpose and increasingly out of step with today’s families, technologies and societal norms.

This comprehensive review puts forward several transformative reforms, including the legalisation of electronic Wills, updated mental capacity rules and the potential long-term approval of remote witnessing. These changes aim to make Will making more accessible, secure and reflective of modern life.

At Arken, we welcome these reforms as a much-needed evolution. We are proud to work closely with our legal advisory board, clients and the wider profession to ensure our technology and services remain aligned with what is next. We are committed to supporting estate planning professionals with solutions that keep them compliant, efficient and future ready.

Five Big Changes Shaping the Future of Will Writing

  1. Wills Go Digital
    Creating and signing Wills online could soon become legally valid, removing the need for paper, ink and in-person witnesses.
  2. Intent Over Formalities
    Courts may be granted more flexibility to approve Wills that don’t tick every legal box — as long as the person’s intent is clear.
  3. Modern Test for Mental Capacity
    Say goodbye to the 1870 rulebook. The Mental Capacity Act 2005 could soon replace outdated methods for assessing whether someone is capable of making a Will.
  4. Marriage Won’t Wipe the Slate Clean
    Under the proposed reforms, getting married would no longer automatically cancel an existing Will — a big step in recognising modern family structures.
  5. Video Witnessing, Here to Stay
    The pandemic-era workaround of witnessing Wills via video call might become a permanent option, provided security and integrity can be ensured.
"The Law Commission’s proposed reforms represent a pivotal moment for estate planning. By modernising outdated rules and embracing digital solutions, the legal sector can deliver more accessible, efficient and secure services. At Arken, we’re committed to supporting firms and professionals through this transition, ensuring they remain compliant and well equipped to meet clients’ evolving needs in a rapidly changing landscape."
Anthony Phillips, CEO of Arken

How Arken Keeps You Ahead of the Curve 

As these reforms develop, particularly around remote witnessing, electronic Wills and capacity assessments, Arken remains fully committed to evolving alongside the legal landscape. We’re actively monitoring the latest updates and adjusting our platform to ensure your firm remains compliant and ready to offer clients a truly modern service. 

We won’t speculate on when each proposal might become law, but rest assured — Arken is preparing for what’s next. With flexible workflows, secure digital tools and proactive legal insight, we’re here to make the transition smooth and keep you ahead of the curve. 

 

Talk to us today about how Arken can help future-proof your firm and make Will writing smarter, safer and more accessible. 

Trusted by teams who draft every day

"The whole team have found the Arken system very easy to use and it is very user friendly. The initial and ongoing support and training provided is excellent. Using the system saves a lot of time on data inputting, especially on the LPA drafting. It produces clear explanatory documents for all our Clients to understand. I would highly recommend the system."
Julie Doyle
Director / Practice Manger, PD Law Solicitors
"Following a well-planned and successful implementation, we are delighted to see how the Arken software has enabled us to streamline our approach to Will drafting. We are now producing consistent Wills which use uniform clauses across all of our lawyers. The commentary document which complements the drafted Will is extremely helpful to our customers."
Craig Webb
Head of Legal Operations, Brethertons LLP
"Arken is an absolutely fantastic tool. It is extremely easy to use and has helped our practices in Will drafting to a huge extent. I could not be without it now. I would recommend to any legal specialist looking to invest in Will writing software. Very cost effective too."
Sophie Yates
Director, Fodens Solicitors Limited