Modernising the Law of Wills: What You Need to Know About the Law Commission’s Latest Report On 16 May 2025, the Law Commission published a report seeking to address the issues associated with the current law of Wills in England and Wales. The project, which first began in 2016, is the first major analysis of the law in this area since the passage of the Wills Act 1837. The Law Commission sought to address achieve three broad aims through the project, namely: Offering additional support for the idea of testamentary freedom; Providing greater protection for testators, especially those who are vulnerable; and Increasing clarity and certainty in the law of Wills generally. The Commission has given 31 recommendations spanning the breadth of the topic, and has provided a draft Bill which incorporates these recommendations: Wills-Report-Volume-II-Draft-Bill-and-Explanatory-Notes-Final.pdf. At Browell Smith & Co, we believe it’s vital to keep our clients informed of legislative developments that impact their personal affairs. Here’s a brief summary of the Commission’s key proposals and what they could mean for you. Supporting Testamentary Freedom: A Right to Decide Testamentary freedom acknowledges that a testator, as the legal owner of their property until death, should be able to decide how to distribute their estate. This principle also recognises that individuals are best placed to assess the needs of their friends and family. Modernising Validation: Embracing Digital Evidence The Law Commission’s proposals have suggested that the courts should have greater powers to validate and rectify Wills that, under the current law, would either not give effect to the testator’s wishes or not be valid at all. In determining the testator’s true intentions, the court would be allowed to receive any record created by the testator, including electronic documentation and video recordings. Lowering the Minimum Age for Wills Another key recommendation is lowering the age to make a valid Will from 18 to 16 years old. This aims to ensure that younger individuals with assets can avoid dying intestate, which may result in unwanted distributions under the rules of intestacy. Protecting Will-Makers: Stopping Pressure and Exploitation Recognising the Risks Facing the Elderly and Vulnerable When the Wills Act became law in 1837, average life expectancy was in the high 30s. Today, it’s around 81. With longer lives come increased risks of coercion, particularly for older individuals or those dependent on others due to illness. Shifting the Burden of Proof in Cases of Suspected Undue Influence The Commission proposes that if there are ‘reasonable grounds’ to suspect undue influence, the burden should fall on the alleged influencer to prove, on the balance of probabilities, that no coercion occurred. This reform provides an extra layer of safeguard for vulnerable testators. Updating Witness Restrictions to Reflect Modern Relationships Under current law, gifts to witnesses or their spouses/civil partners are invalid. However, many modern couples cohabit without formal legal status. The draft Bill extends restrictions to include cohabiting partners, preventing them from benefiting if they act as witnesses. Making the Rules Clear: Understanding Mental Capacity for Wills To make a valid Will, a testator must have sufficient mental capacity. Historically, two different tests have been used: one from Banks v Goodfellow and the other from the Mental Capacity Act 2005, leading to uncertainty. The Law Commission recommends adopting the Mental Capacity Act 2005 as the sole legal test. This would be supported by a new Code of Practice, helping professionals and courts apply the test fairly and consistently. What These Reforms Could Mean for You This report marks nearly a decade of work and represents the most substantial reform proposal in Will-making law in almost 200 years. If enacted, it could fundamentally transform how Wills are drafted and validated in England and Wales. Sarah Sackman KC MP, Minister for Courts and Legal Services, has acknowledged the need for reform, describing current law as “outdated” and calling for “detailed consideration” to protect testators’ freedoms. Download the full Law Commission report (Volume I) At Browell Smith & Co, we are closely monitoring these developments and will be ready to advise our clients on any legal changes as they happen. Whether you’re drafting your first Will, revising an old one, or supporting a loved one through the process, our team is here to help you navigate this evolving legal landscape. For personalised advice or to review your current Will in light of these proposed reforms, get in touch with us today on 0191 250 3200 or email us at probate@browells.co.uk.
Lessons from Liam Payne’s Passing: Why Estate Planning Matters The tragic passing of Liam Payne in October 2024 has brought to light significant issues surrounding estate planning and inheritance, particularly concerning his young son. At just 31 years old, Payne died without a will, leaving behind an estimated £28.5 million estate. What Happens When There’s No Will? As reported in the press as per UK intestacy rules, the estate is to pass entirely to his child, meaning that a partner and other family members do not inherit anything from the estate. Although Liam may have wanted the majority of his estate to pass to his children it may be that he wanted to leave some gifts to his other family members and partner. As Liam was unmarried, his partner has no legal entitlement to any part of his estate. Unmarried partners are not protected in the same way as married couples regardless of the length of the relationship. This is especially important to bear in mind where unmarried partners are living together and depend on each other financially. Visit our Wills, Probate and Estate Planning page for more information on intestacy and relationship rights. Estate Planning with Minor Children Without a will, the distribution of Payne’s assets is determined by the law, which may not align with personal wishes. The absence of a Will can lead to complications, especially when minor children are involved. The press have reported that the child’s mother, has been appointed as the administrator of the estate, working alongside a solicitor. However, without a will, there is no clear guidance on how Liam intended his assets to be managed or distributed i.e. at what point would Liam have wanted the child’s mother and the appointed solicitor to consider distributing funds to the child prior to him ascertaining the age of 18? With a Will in place, you can specify when you would like funds from your estate to be distributed to your minor children/dependents and for what reasons. This would provide specific guidance to those looking after your estate on behalf of your minor beneficiaries. Losing a parent is a profound experience, and the added complexity of managing a substantial inheritance can be overwhelming. Under the rules of intestacy, a minor beneficiary will inherit funds from an estate once they reach age 18. With large estates, it may be that children will find it difficult at age 18 to manage such a substantial amount. With a Will in place, it can specify for children to inherit at an older age, for example at age 21 or 25. Why Everyone Needs a Will Liam Payne’s situation underscores the critical importance of having a will, particularly for individuals with dependents. A well-drafted will ensures that your wishes are honoured and can provide clear instructions for the management and distribution of assets. A Will also allows you to: Appoint legal guardians for your children – this allows parents to choose people that they feel are appropriate to look after their children if they die unexpectedly i.e. a guardian will choose where the child is to live, where they are to be educated etc. Set out how the funds within your estate should be managed for their benefit i.e. to purchase a car, driving lessons, put a deposit on a house, pay for university/ higher education costs. Make provision for family members/unmarried partners/friends. If you are unmarried it may be your wish for your home and personal belongings to pass to your unmarried partner before passing to your children (if you have children together). Ensures that your wishes are met. Financial experts often recommend that individuals with significant assets or dependents consult with estate planning professionals to create a comprehensive plan that addresses their specific circumstances. This proactive approach can provide peace of mind and protect loved ones from unnecessary legal and emotional challenges. Let Browell Smith & Co Help You Protect What Matters Although the thought of dying young is unsettling, Liam’s death has showed us that the worst can indeed happen and in order to ensure that your loved ones are protected, estate planning is essential. While the circumstances surrounding his passing are tragic, they highlight the need for individuals to take proactive steps in ensuring that their wishes are clearly documented. For those with dependents, having a Will is not just a legal formality but a crucial step in safeguarding their future and well-being. If you don’t have a Will or you haven’t reviewed your Will for some time, please contact our friendly probate team on 0191 250 3200 or email us at probate@browells.co.uk. Our probate team will take the time to guide you through the process and advise you about how you can best protect your loved ones.
Why Unmarried Couples Should Consider Making a Will and Lasting Powers of Attorney Understanding the Legal Risks of Cohabitation Without Marriage The proportion of couples living together – or cohabiting – has been steadily increasing since 2011. In fact, almost a quarter of adults in the UK now live with their partner but remain unmarried. This presents some challenges in respect of the law which can be unhurried in its reaction to the realities of modern life. How Marriage Offers Legal Protection Despite often being seen as an archaic and outdated institution, marriage confers some not insignificant legal benefits. For example, a married person is entitled to a ‘statutory legacy’ of £322,000 from the estate of their late spouse if they die intestate (without a Will). Furthermore, there are substantial tax benefits to being married – in terms of Inheritance Tax, marriage may confer up to an additional £500,000 in tax reliefWhilst perhaps unromantic, these practical benefits of marriage cannot be understated. The Risks for Unmarried Couples Without a Will It must be said that the law is not kind to unmarried couples who die without leaving a Will. The “rules of intestacy” which govern the administration of an estate where a person dies without leaving a will make no provision for a cohabitee, regardless of how long they have lived together or if they have children. Any cohabitee would need to make a claim under the Inheritance (Provision for Family and Dependents) Act 1975 in order to receive anything at all. At a time of tragedy and emotional turmoil, litigation is quite simply the last thing that you would want your loved ones to be forced into and, yet, it may be necessary for their ongoing financial security. How Making a Will Can Protect Your Partner Until such a time as the law catches up to modernity, this can be easily avoided by making a Will which benefits your partner, ensuring that your wishes are carried out even after you are gone. At Browell Smith & Co., our experts are able to meet with you to determine your needs and then prepare the necessary paperwork to give you peace of mind about your financial future. Don’t Overlook Lasting Powers of Attorney (LPAs) Couples who live together but remain unmarried should also consider making Lasting Powers of Attorney (LPAs). These documents allow you to appoint people to act as your attorneys, giving them the requisite legal authority to make decisions in respect of your finances or your health and care if you are unable to do so yourself. This may be as a result of illness or an accident. Speak to ourWills & Probate Solicitors By appointing a solicitor you are able to ensure that your wishes in respect of your finances or your health and care are carried out when you are no longer able to decide for yourself. Without creating LPAs, your partner may be unable to access money held in your sole name, or to be involved in decisions during a medical emergency or long-term care planning. Making LPAs can be tricky but, at Browell Smith & Co., we can help you to smoothly navigate the complex form-filling and registration process. Call us on 0191 691 3417 or request a callback to speak with one of our friendly, expert solicitors today.