After years of consultation, the Law Commission has proposed major reforms to the Act. As someone who works in legacy management, I see first-hand how outdated legislation and unclear documents can lead to lost income, costly disputes, and delays in realising gifts.
However, whilst the proposed changes do offer some welcome modernisation, they do also present new challenges which charities need to start preparing for.
The idea of fully electronic wills, signed and witnessed online, then stored digitally, has moved from theory to likely reality.
Opportunities:
Risks:
Legacy Management teams need training in new forms of digital evidence and closer relationships with will-writing platforms may become essential.
This change alone could preserve millions in legacy gifts. Currently, if someone marries, their will is automatically revoked (including any charity bequests) unless made in contemplation of marriage.
Under the new proposals, that automatic revocation would go. Charities would retain gifts unless the donor actively changes their will post-marriage.
Whilst this could deliver better protection of legacies from long-term supporters who marry or remarry later in life, it could also give rise to a greater number of claims under the Inheritance (Provision for Family and Dependants) Act 1975.
The legal test for capacity would align with the Mental Capacity Act 2005 (“the MCA”), leaving behind the principles established in the case of Banks v Goodfellow.
The MCA is widely understood by clinicians, legal teams and social workers. It may therefore bring greater consistency and reduce uncertainty in borderline cases. It could also provide a clearer framework in disputes as we would have a statutory test that courts already use in other areas of law.
However, there will be a transitional period. Wills written before the reform would still be assessed using the Banks v Goodfellow principles. Wills written after the change would use the MCA. Both tests may therefore be in play depending on the date the will was signed.
Legacy teams may need refresher training on what “capacity” looks like under the MCA.
Perhaps the most radical of the proposals: courts could approve informal wills, even where formalities weren’t followed. That could include a signed letter, an email, or even a WhatsApp voice note, as long as clear testamentary intent is shown.
For charities, this is a double-edged sword. It may help uphold genuine charitable gifts that would otherwise fail, but it opens the door to contested estates, unclear documents, and new administrative complexity.
The priorities for charity legacy management are simple:
These reforms (if and when they become law) will reshape how we assess validity, track execution, and engage with executors and families.
Now is the time for legacy management teams to audit their processes, upskill in digital evidence, and prepare for more complex will formats and challenges.
Whether you're a legacy officer, or part of a wider fundraising team, it’s worth asking:
Now is the time for charities to start planning for the operational impact of these reforms.
If you’re unsure how these reforms might impact your legacy income or legacy management workflows, get in touch and let’s talk.
Speak to Katherine about how these reforms might impact your legacy income and management
Learnings from In-Memory Insight: Key findings and what’s next
Read more
In-Memory Insight now welcoming new members
Read more
Evaluate your marketing performance, join Legacy Marketing Benchmarks
Read more
