The process of wills is set to change as the Law Commission is expected to publish its long-awaited report on will reform in April 2025, alongside a draft Will Bill
Recent research conducted by Censuswide on behalf of The Association of Lifetime Lawyers has revealed that over half (52%) of adults over 30 do not have a will in place. Additionally, 13% of those with a will admit it needs updating. The findings highlight a significant gap in estate planning, leaving many individuals’ estates and loved ones at risk.
The study also found that nearly one in ten (9%) adults have started making a will but have not completed it. Without an up-to-date will, estates are distributed according to intestacy rules, which prioritise specific family members regardless of personal relationships or intentions. This can lead to unintended consequences and potential disputes among loved ones.
Kirsty Limacher, Legal Consultant at The Association of Lifetime Lawyers, emphasised the importance of having an updated will: “Without a valid will, your assets may not go to the people you intended, and your family could face lengthy legal battles and additional emotional distress during an already difficult time. It could also mean your loved ones face a higher inheritance tax bill.”
A Law Society survey found that 11% of people in England and Wales have dealt with the estate of someone who died in the last four years, with 26% reporting problems or disputes. Additionally, 52% of respondents do not have a will in place at all
Limacher advised that individuals should review and update their wills every five years or when a significant life change occurs, such as marriage, civil partnership, divorce, the birth of a child, the death of a family member, or obtaining a Gender Recognition Certificate. “Updating your will ensures your estate is distributed according to your wishes and provides peace of mind for you and your loved ones. Seeking advice from an experienced legal professional is best, as they can advise on your unique situation and help minimise inheritance tax where possible.”
In light of Update Your Will Week (March 3rd – 9th), the Law Society encourages the public to make and update their wills to ensure their wishes are fulfilled as desired. A Law Society survey found that 11% of people in England and Wales have dealt with the estate of someone who died in the last four years, with 26% reporting problems or disputes. Additionally, 52% of respondents do not have a will in place at all.
The process of wills is set to change as the Law Commission is expected to publish its long-awaited report on will reform in April 2025, alongside a draft Will Bill. The Bill aims to modernise wills to ensure they remain relevant in a modern-day context.
“Will modernisation is long overdue. The Law Society expects long-awaited reforms in key areas such as electronic wills. As positive inroads have been made to probate service performance, with outstanding cases at their lowest since early 2023, the Law Society will continue to influence further improvements through our Professional Probate User Group.”
Richard Atkinson, President, Law Society of England and Wales
Law Society of England and Wales president Richard Atkinson said: “Will modernisation is long overdue. The Law Society expects long-awaited reforms in key areas such as electronic wills. As positive inroads have been made to probate service performance, with outstanding cases at their lowest since early 2023, the Law Society will continue to influence further improvements through our Professional Probate User Group.”
The National Will Register, a valued partner working with the Law Society for nearly 20 years, commented: “In our experience of helping testators, executors, and probate practitioners, we understand the importance of not only making a will but ensuring it reflects current wishes and can be found when needed. Digital tools such as will registration ensure that loved ones and executors can locate the will when needed and enhance archive management for law firms and probate practitioners.”
