‘The law needed to change’: Expert shares her view on new Draft Wills Bill

Long-awaited reforms to Will-making laws in England and Wales are ‘momentous’ both for the public and the legal profession, a top expert has said.

Sarah Nash, Head of Trust Services at Derby law firm Smith Partnership, said the changes were long overdue as she shared her expert insight on the new Draft Wills Bill.

The Bill is the first major overhaul of Wills legislation in over 180 years, and proposes a number of significant changes to the Wills Act 1837, aimed at modernising the process of creating a Will.

These include allowing electronic wills, lowering the minimum age for making a will from 18 to 16, providing legal clarity on the mental capacity test, and abolishing the rule that marriage or civil partnership automatically revokes a Will.

Sarah said the changes reflect a long-awaited recognition that the law needs to adapt to modern realities and technological advances, with shortcomings in the current law highlighted in particular during the COVID-19 pandemic.

She said: “The changes are momentous in many respects, although the draft legislation also incorporates some minor changes. There are lots of changes coming, and I think it does say a lot about how, certainly after COVID, the legal profession has realised that the preparation of wills, and the law around the preparation of wills, needs to be reviewed and updated.”

The changes are expected to reshape how legal professionals prepare Wills, particularly with the introduction of electronic Wills and the need for enhanced execution and undue influence safeguarding measures.

“There are concerns about electronic Wills, but I think most practitioners accept that the law needs to change. Not enough people are making Wills, and we need to try and make it as easy as possible for people to make wills, but with appropriate safeguards.”

As the legal landscape shifts, Sarah believes law firms have a continuing responsibility to educate the public about their options and the importance of making a Will.

“We continue to encourage as many people as possible to make wills. Unfortunately, it’s one of those things that so many people don’t get around to doing for different reasons. So I think hopefully this new legislation will encourage more people to make them.”

Here, Sarah shares her top five tips to bear in mind in this area:

“Firstly, don’t assume that you don’t need a Will. Despite more recent changes to intestacy laws, it is always better to leave a Will, choose your Executors, and ensure that your wishes are carried out.

“Don’t put off making a Will, it may well be easier than you think, and a legal professional can help you to understand your options.

“Don’t try to do it yourself – homemade or online Wills can be problematic, inadequate and lead to costly issues, delays and even litigation.

“Making a Will could help to mitigate Inheritance Tax for your beneficiaries.

“Once you have made a Will, don’t forget about it. Keep it reviewed, especially if your personal or financial circumstances change.”

To find out more about Smith Partnership’s Wills, Trusts and Estates services, visit their website at

https://smithpartnership.co.uk/individuals/wills-and-probate-solicitors