At Ives & Co, we’re specialists in Wills and Probate, ensuring our clients’ final wishes are protected with clarity and care. With decades of combined expertise, we’re always on top of legal reforms so you don’t have to be.
The Law Commission’s proposal to reform the Wills Act 1837 has sparked widespread interest and debate. Is this the long-awaited update the law needs, or could it open the door to more disputes over estates?
Let’s explore what this could mean for you and your loved ones 👇
What’s Being Proposed?
- Introducing a “dispensing power” – allowing courts to accept wills even if they don’t meet formal requirements, provided the deceased’s intentions are clear.
- A move toward digital wills – recognising the potential for secure electronic documentation.
- Clarifying capacity laws – shifting from the old Banks v Goodfellow test to the Mental Capacity Act 2005.
- Removing outdated formalities like witness presence in some cases
The Pros
✔️ More flexibility for testators
✔️ Greater inclusion for people who struggle with formal legal processes
✔️ Moves the law into the 21st century
⚠️ The Cons (and Our Concerns)
❗Potential rise in litigation and disputes
❗Risk of undue influence or fraud if protections are watered down
❗Challenges around verifying digital documents post-death
What This Means for You
While modernisation is welcome, clarity and legal certainty remain vital. At Ives & Co, we believe that every will should be professionally drafted with a full understanding of your personal and family circumstances. We know that family dynamics and asset structures vary greatly, and that’s why personalised legal advice is essential. Above all, any changes to the law must continue to protect the most vulnerable and ensure your true intentions are honoured.
Our Promise at Ives & Co
Whether reforms pass or not, our expert solicitors are here to:
✅ Draft robust, dispute-proof wills
✅ Guide you through complex probate matters
✅ Future-proof your estate planning
Book your consultation today and ensure your wishes are legally sound – now and in the future.
