The importance of making the right preparations for when you pass away is something that will solicitors have been highlighting for many years. Many Britons fail to do so and this can often lead to avoidable legal disputes over inheritances.

Such issues are becoming ever more acute, an article in the Law Gazette notes. The article’s author, Rachel Rothwell, emphasised how bad the situation is as she argued for reform of legislation governing wills.

She observed: “Probate disputes are on the rise. Estates are increasing in value as property-rich baby boomers die off. There are more blended families and the population is ageing.” 

Despite this, many people are still failing to make a will.

Why Is There A Case For Reforming The Law On Wills?

Among the startling statistics Ms Rothwell cited were:

• 11,362 applications were made to block the probate process in 2024, up 56 per cent on 2019
•  Over a quarter of the UK population will be 65 or older by 2041
• As of May 2025, over 500,000 Britons were diagnosed as having dementia.

Clearly, a problem can be seen looming, with more and more inherited wealth up for grabs and a greater likelihood that the mental capacity of the person making the will could be called into question, especially if they do it late in life.

In other cases, wills may not be updated as mental capacity declines, which could mean changes in circumstances that would warrant amending a will are not addressed.

Ms Rothwell quoted one solicitor from Cheltenham as describing the dispute numbers as “quite crazy”, resulting from a growth of situations such as “more blended families, leading to unintended consequences of out-of-date wills”.

She used this point to argue for major reform, noting that the Law Commission has made a series of proposals to overhaul the current laws, which derive from the 1837 Wills Act.

Among the considerations is the fact that since 1837, other pieces of legislation have emerged that could complicate matters. As well as various tax laws, such as IHT, the Inheritance (Provision for Family and Dependents) Act 1975 can have an impact.

The latter was designed to ensure that “reasonable financial provision” is made for spouses or civil partners (or, significantly, ex-spouses and civil partners) and children, which may impact on the disposal of an estate.

Potential measures the Law Commission has proposed could include allowing modern innovations, such as the permitting of digital wills and changes to the capacity test.

Why Should You Get Your Will Written As Soon As Possible?

If the proposals are accepted by the government, legislation could be passed quickly. But does that mean you should wait for new laws to come into place?

The answer is no, partly because you never know when the worst may happen, even if you are in good health now, but also because our skilled solicitors can cut through the present legal technicalities to get one in place now.

If future amendments to the 1837 Act or its full replacement mean the will can be subsequently adjusted, we can help with that, especially as any new legislation can be expected to make updating wills easier to do when this is required.

Making a will is indeed a complicated affair and the vagaries of modern family life can make it more so. But whether or not the 1837 Act will soon be replaced, we can help you to start the process today.