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Plan to bring law over wills up to date

The Herald

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September 22, 2025

TIPPED as one of the most significant changes in legislation for a lifetime, the Law Commission's Modernising Wills Law reform brings a 188-year-old piece of legislation into the 21st Century with some major implications. That's according to a barrister and lecturer.

The Wills Act 1837 previously hadn't seen any updates for 30 years, leaving it unable to keep up with modern society and an ageing population.

The Law Commission said: “The reforms will modernise the law governing wills to ensure it is fit for purpose in the modern age. Our recommendations are aimed at supporting testamentary freedom, protecting testators, and increasing clarity and certainty in the law. The final report is accompanied by a draft Bill for a modern Wills Act, to replace the Wills Act 1837."

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