As March marks Free Wills Month, the Law Society of England and Wales urges the UK government to modernise wills legislation or risk leaving many people’s final wishes unprotected and beneficiaries unable to access justice*.
It is recommended that people update their will every five years or when a major change occurs. That eases the probate process for loved ones and beneficiaries.
The current wills law passed in 1837, and many find that outdated laws undermine their wishes and do not reflect today’s digital society or the modern reality of family systems.
To reflect current public attitudes, the government should seize the opportunity to introduce necessary reforms on wills following the Law Commission’s report: Modernising Wills Law**.
Law Society president, Mark Evans, said: “Although the law on wills has barely changed in almost 190 years, modern life has. People still cannot make a legally recognised electronic will, and the law needs to reflect modern understandings of capacity, including conditions like dementia.
“We support proposals for courts to recognise taking a person’s intentions into account when looking at their will. This helps to level the playing field and may encourage more people to draft a will, even if the legal details in making a valid will were not entirely followed.
“We stand ready to work with the government to discuss and implement the Law Commission’s recommendations and bring wills firmly into the 21st century.”
**Read more about the Law Commission’s review on the laws on wills. The review was published on 16 May 2025.
About the Law Society
The Law Society is the independent professional body that works globally to support and represent solicitors, promoting the highest professional standards, the public interest and the rule of law.