Modernising Wills Law

بِسۡمِ اللهِ الرَّحۡمٰنِ الرَّحِيۡمِ 

The Law Commission’s final report, Modernising Wills Law, proposes significant reforms to ensure that the law governing wills in England and Wales is clear, accessible, and fit for the modern era. The recommendations aim to support testamentary freedom, protect vulnerable testators, and increase clarity and certainty in the law.

Full report: https://lawcom.gov.uk/project/wills/

Key Recommendations of the Report

1. Testamentary Freedom
   • The report upholds the principle that individuals should have the freedom to decide how their estate is distributed after death.
   • It recommends empowering courts to “dispense with the formality requirements” for making a valid will in exceptional cases. This means that if a document clearly reflects a person’s settled testamentary intentions, the court can recognize it as a valid will, even if strict formal requirements were not met. This balances flexibility with the need for formal safeguards.
   • The minimum age for making a will should be reduced from 18 to 16, acknowledging that young people may have significant assets or wishes regarding their estate, especially in cases of terminal illness.
2. Protecting Testators
   • The automatic revocation of a will upon marriage or civil partnership should be abolished. This change is intended to prevent financial abuse through “predatory marriage,” where vulnerable individuals are married for the purpose of inheritance.
   • The law should make it easier to challenge wills procured through undue influence. Courts would be able to infer undue influence if there are reasonable grounds for suspicion, lowering the evidential burden on those contesting a will.
3. Clarity and Certainty
   • The Commission recommends the creation of a new, modern Wills Act to replace the outdated Wills Act 1837.
   • Electronic wills should be formally recognized, provided they meet specific safety and reliability requirements, reflecting the shift toward digital documentation.
   • The law on testamentary capacity should be clarified: only the modern test set out in the Mental Capacity Act 2005 should apply, replacing the current confusing dual-test system.
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Alignment with Shariah Law Regarding Wills

Some of the Law Commission’s recommendations align with principles found in Shariah (Islamic law) regarding wills:

• Testamentary Freedom and Protection of Intent
  • Shariah recognizes the right of a Muslim to bequeath up to one-third of their estate to non-heirs, provided the will is clear and reflects the testator’s true intentions. The Law Commission’s proposal to allow courts to recognize a document as a Will if it reflects the testator’s intentions, even when formalities are lacking, resonates with the Islamic emphasis on honouring genuine testamentary wishes, especially when clear evidence exists.
• Protection from Undue Influence
  • Islamic law strictly prohibits coercion in making a Will. The recommendation to make it easier to challenge Wills made under undue influence aligns with the Shariah principle that a Will must be made voluntarily and without compulsion.
• Clarity and Capacity
  • Both the Law Commission’s recommendations and Shariah law emphasize the importance of mental capacity and clarity in making a will. In Islam, a will made by someone lacking legal or mental capacity is invalid, which is consistent with the recommendation to use a single, modern test for capacity.

Urging Muslims Planning Hajj to Write Their Will

For Muslims, writing a will (wasiyyah) is not only a legal responsibility but also a religious duty, especially before embarking on significant journeys such as Hajj. The Prophet Muḥammad () said:

“It is not permissible for any Muslim who has something to will to stay for two nights without having his will written with him.” (Sahih al-Bukhari, Hadith 2738)

Therefore, Muslims intending to perform Hajj should prioritize writing their Will before departure, fulfiling both their religious duty and ensuring their wishes are respected in accordance with both Islamic and local legal requirements.

If you are based in the Huddersfield area and you are planning to go for Hajj this year and need assistance with preparing an Islamic Will, support is available. Please get in touch via email at ahussain1999@gmail.com or WhatsApp at +44 7342 349148.

اگر آپ اسسال حج پرجانے کا ارادہرکھتے ہیں اور اسلامیوصیت لکھوانے میں مددچاہتے ہیں تو آپکیلئے معاونت دستیاب ہے۔
رابطے کے لیےای میل کریں: ahussain1999@gmail.com
یا واٹس ایپپر پیغام بھیجیں: +44 7342 349148۔

_{Dr. A. Hussain, 16th May 2025}