200 years on, it’s time to bring will writing into the 21st century
Almost 200 years on from the last proper review of will writing in the UK, it’s high time for some sweeping updates, writes Sam Grice
Last week, the UK’s Law Commission published its recommendations for modernising wills and promoting testamentary freedom. This announcement is a momentous step in the right direction for an industry that has, for too long, failed to keep pace with the rapid advancements of technology, our understanding of coercion and society as a whole.
The last time this legal framework was properly reviewed was almost 200 years ago and, while the rest of society has changed dramatically in that time, will writing has remained stuck in the past.
It’s therefore no wonder that around half of UK adults do not have a will. The process has too often been shrouded in mystery, expense and archaic formalities. But a will isn’t a luxury – it’s a necessity.
Everybody needs a will, so let’s make it easier to write one
A will is an important part of your legacy, making life easier for the people you love when they’ll need it the most. It’s also a chance to provide vital support to a cause that matters to you. Everyone should have a will and we have a responsibility to ensure they can make one easily, confidently and with dignity.
True accessibility means empowering individuals to write their wills in a way that works for them. For some, that will be a digital-first experience. For others, it will mean a telephone call with a specialist or an in-person visit to talk things through face to face. We shouldn’t be prescriptive. Choice is power and, in estate planning, that power is peace of mind.
Let’s stop pretending that a pen-and-paper will is the only way to make your wishes known. In a world where we manage our bank accounts, run our businesses and even attend court hearings online, the idea that we must write a will in ink, in person and in silence is not just inconvenient – it is absurd.
Charities, in particular, stand to benefit greatly by broadening their will writing offering to include all kinds of formats. Many rely on gifts left in wills, yet offer only one option on the menu card of will writing choices. This risks alienating supporters with different needs or preferences. The charities that champion accessible estate planning by offering online, in-person and over-the-phone services enable all their supporters to make their wishes known, and are reaping the benefits as a result.
Protecting people from financial abuse
However, with great innovation comes responsibility, which is why the Law Commission’s proposals to better protect vulnerable people are so heartening. The default revoking of previous wills following a marriage doesn’t just add further barriers to people’s own wishes being expressed, it can also open them up to financial abuse, especially given how low awareness of this issue remains.
That’s why we must continue to ensure that an estate plan does its key job: accurately capturing someone’s wishes in a way that stands the test of time. That means staying vigilant through training on vulnerability and mental capacity, as well as regular legal reviews. Will providers have a duty to offer a best-in-class service that adapts to customer needs whilst always protecting the vulnerable.
Ultimately, this is about more than updating old laws; it’s about dismantling the barriers that prevent people from securing their future and protecting the people they love. It’s about recognising that a will isn’t just a legal document – it can be a lifeline.
It is for these reasons that I wholeheartedly welcome the Law Commission’s recommendations. They remove unnecessary formalities and obstacles that too often deter people from making a will.
The Law Commission has cracked the door open – now it’s on us, as providers, policymakers and advocates, to throw it wide.
Sam Grice is the founder and CEO of Octopus Legacy