Significant reforms to the law of wills in England and Wales are under consideration following the publication of a major Law Commission report. The proposed changes, if implemented, are likely to reshape the landscape of inheritance law—and are expected to result in a notable increase in will disputes.
Key among the recommendations is an expansion of the right to challenge a will under the Inheritance (Provision for Family and Dependants) Act 1975. Currently, only individuals who can prove they were financially dependent on the deceased can bring a claim, even if they were excluded from the will. The Law Commission now proposes that these rights be extended, particularly in the context of mutual wills—binding agreements between two individuals not to alter their testamentary wishes after the first of them dies.
At present, assets held under mutual wills can fall outside the scope of inheritance claims, even when the surviving party remarries or forms a new family unit. This has led to perceived injustices, particularly where stepchildren or children from a second marriage are left with no provision. Under the proposed reforms, property previously ringfenced by a mutual will could become subject to challenge, significantly expanding the size of estates open to claimants.
Another controversial reform would allow for the formal recognition of electronic wills. While intended to modernise and simplify the process of making a will, this could also open the floodgates to further litigation. Questions around the authenticity, capacity, and undue influence in the creation of electronic or informal wills are likely to proliferate, particularly where vulnerable or elderly individuals are involved.
Additional changes include:
- Allowing those aged 16 and over to make a will (lowering the current age from 18),
- Removing the rule that marriage automatically revokes an earlier will, and
- Granting courts the power to validate wills that do not meet formal requirements in “exceptional” cases.
These reforms—designed to reflect the complexities of modern family life—are being proposed against a backdrop of sharply rising probate disputes. Figures show that more than 10,000 wills were challenged in 2023, representing a 43% increase since 2019. This trend is likely to accelerate, particularly in blended families and second marriages where financial obligations, emotional bonds, and family expectations can be highly contested.
For those involved in inheritance disputes, particularly where relationships are fragile or fractured, litigation can deepen divisions. Disputes often involve sensitive and deeply personal issues, such as fairness, loyalty, and promises made before death. In this context, mediation offers a more constructive alternative to court proceedings. It provides a forum where parties can voice their concerns, preserve relationships, and achieve bespoke outcomes that courts are often ill-equipped to deliver.
Rather than engaging in costly, adversarial proceedings with uncertain outcomes, families can use mediation to focus on future stability and resolution. With the law likely to give rise to more potential claimants and more complex scenarios—particularly around electronic and mutual wills—those involved in challenges should give serious consideration to resolving their disputes through mediation.
As legal reform moves forward, families, legal professionals, and policymakers must recognise that greater flexibility in will-making will inevitably result in greater scope for disagreement. Mediation can help navigate these emotionally charged waters with compassion, clarity, and care.