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.

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 The Mental Capacity Act 2005 could soon replace outdated methods for assessing whether someone is capable of making a Will.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.

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.