The law of Wills in England and Wales is on the brink of possibly its most significant overhaul in nearly 200 years. The Law Commission published its Modernising Wills Law report in May 2025, accompanied by a draft Bill designed to replace the Wills Act 1837, legislation that, despite amendments, still reflects Victorian-era formalities.
For Legal Secretaries working in private client or probate teams, these proposals are more than academic; if implemented, they are likely to reshape day-to-day administrative practice.
Why reform is happening
The current law is widely seen as outdated and inflexible. It struggles to accommodate societal changes such as modern family structures or the increased use of digital communication and documentation. It also fails to take into account advances in understanding, such as a greater awareness of mental capacity.
The proposed reforms aim to promote testamentary freedom while improving clarity, fairness, and protection for vulnerable individuals.
Key proposed changes
1. Introduction of electronic wills
One of the most talked-about reforms is the potential recognition of electronic wills. These would allow wills to be created, signed, and stored digitally, provided strict safeguards are in place to ensure authenticity and prevent fraud.
What this could mean for Legal Secretaries:
- Increased use of digital platforms and document management systems
- New procedures for storing and verifying electronic documents
2. Ending automatic revocation on marriage
Currently, a will is automatically revoked when someone marries (unless made in contemplation of that marriage). The draft Bill proposes abolishing this rule.
What this could mean for Legal Secretaries:
- Fewer unintended intestacies
- Greater importance on updating client records after life events
3. Greater flexibility through “dispensing powers”
Courts may gain the ability to validate wills that do not meet strict formal requirements, where the deceased’s intentions are clear.
What this could mean for Legal Secretaries:
- More cases where informal documents (notes, emails, recordings) become relevant
- Increased need for careful file management and record-keeping
4. Updated test for capacity
The traditional test from case law may be replaced with the framework under the Mental Capacity Act 2005, aligning wills law with modern medical and legal standards.
What this means for Legal Secretaries:
- More structured assessments of capacity
- Greater interaction with medical evidence and records
5. Stronger approach to undue influence
The reforms also aim to better protect vulnerable testators, including making it easier for courts to address suspected undue influence.
What this means for Legal Secretaries:
- More detailed attendance notes and client interaction records
- Increased importance of documenting independence and instructions
Legal Secretaries play a key role in ensuring compliance with formalities and maintaining accurate records. These reforms signal a shift from rigid procedural rules to a more flexible, intention-based system. As a result, the role of a Legal Secretary may evolve to include managing digital wills and secure storage systems, as well as supporting enhanced client due diligence and record-keeping. Legal Secretaries may find themselves assisting with the more complex probate and contentious matters.
Although the proposed Wills Bill is not yet law, it represents a clear direction of travel. If implemented, it will modernise will-making, but also introduce new risks, particularly around digital security and evidential disputes. For Legal Secretaries, staying informed now will ensure you are ready to adapt as practice evolves, and continue to play a vital role in safeguarding clients’ final wishes.
