Category: Wills and Probate

In a major step towards bringing 19th-century law into the modern world, the Law Commission has published its long-awaited Modernising Wills Law report (May 2025). With a new draft Wills Act proposed to replace the existing Wills Act 1837, the reforms are designed to reflect today’s digital lives, changing family dynamics, and longer life expectancy.

At Vyman Solicitors, we’ve summarised the key recommendations and what they mean for individuals and families planning their estates.

Key Highlights of the Wills Reform 2025

• Courts Can Recognise Informal Wills

The courts will have discretion to accept documents that don’t meet current formal requirements—if there’s clear evidence they reflect the person’s settled intentions. This offers flexibility without compromising on fraud prevention.

• Age Limit Lowered to 16

The minimum age to create a valid will will be reduced from 18 to 16, acknowledging the autonomy of younger individuals—particularly in serious health circumstances.

• Marriage Will No Longer Revoke a Will

The outdated rule that marriage cancels an existing will is being scrapped to protect vulnerable individuals from financial abuse through so-called “predatory marriages.”

• Easier to Challenge Undue Influence

Challenging coercion around will-making will be simpler, with courts allowed to infer undue influence if there’s reasonable suspicion—offering better safeguards for elderly or isolated testators.

• Clearer Rules on Mental Capacity

A single, modern test under the Mental Capacity Act 2005 will be applied across all will-related decisions, replacing the confusing mix of legal standards currently in use.

• Legal Recognition of Electronic Wills

The reforms pave the way for securely executed digital wills. Strict conditions will ensure these are safe, valid, and fraud-proof.

Why This Matters

The current system, has led to wills being invalidated due to technicalities, or being manipulated through outdated rules. The new recommendations modernise and simplify the law, while protecting vulnerable individuals and respecting personal freedom.

Need Advice on Future-Proofing Your Will?

Whether you’re planning your first will, or want to make sure your existing one is valid under future laws, we’re here to help.

📞 020 8427 9080
📧 info@vyman.co.uk

Plan with clarity. Protect your legacy.

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About Vyman Solicitors

Located in North West London, Vyman Solicitors provides a comprehensive range of legal services, including Corporate & Commercial Property Law, Litigation, Residential and Conveyancing Law, Family Law, Private Client and Immigration. Known for its commitment to personalised client support and legal excellence, Vyman is a trusted partner for businesses and individuals alike.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Creating a will is a vital step in ensuring that your assets are distributed according to your wishes. While many people opt for DIY wills to save on costs, this approach can lead to significant mistakes that may complicate or invalidate your will. Here, we highlight ten common mistakes found in DIY wills and explain how a solicitor, like our expert teams at Vyman Solicitors, can help you avoid them.

1. Incomplete or Incorrect Information

A common error in DIY wills is leaving out important information or providing inaccurate details. This can include incorrect beneficiary details, or incomplete instructions on asset distribution. A solicitor ensures that all necessary information is included and accurately reflects your wishes, preventing any confusion or disputes.

2. Failing to Update the Will

Life changes such as marriage, divorce, or the birth of children can affect your will. DIY wills often don’t get updated to reflect these changes, leading to outdated or irrelevant instructions. Solicitors keep your will current by reviewing and updating it as your circumstances change.

3. Not Meeting Legal Requirements

Each jurisdiction has specific legal requirements for wills, such as witness signatures or proper execution. DIY wills frequently fail to meet these requirements, which can result in the will being deemed invalid. Solicitors are well-versed in these legal requirements and ensure your will is properly executed and legally binding.

4. Ambiguous Language

Unclear or ambiguous language in a DIY will can lead to misinterpretation and disputes among beneficiaries. For example, terms like “my personal belongings” can be vague and open to interpretation. Solicitors use precise language to clearly define your intentions and avoid potential conflicts.

5. Not Addressing All Assets

DIY wills may overlook certain assets, such as digital accounts or joint property. This can lead to confusion over how these assets are distributed. Solicitors help ensure that all assets are accounted for and properly addressed in your will.

6. Failing to Name a Guardian

If you have minor children, it’s crucial to name a guardian in your will. DIY wills often neglect this important detail, leaving the decision up to the court. A solicitor will make sure a guardian is appointed to care for your children according to your wishes.

7. Incorrectly Appointing Executors

Choosing an executor who is not suited for the role or failing to name an executor at all can create problems. Executors are responsible for administering your estate, so it’s important to select someone reliable and capable. Solicitors can assist in choosing an appropriate executor and provide guidance on their responsibilities.

8. Overlooking Tax Implications

DIY wills may not take into account the tax implications of your estate. Estate taxes and inheritance taxes can affect how much your beneficiaries receive. A solicitor can offer advice on minimising tax liabilities and ensuring your estate is managed in the most tax-efficient manner.

9. Ignoring Potential Disputes

A poorly drafted DIY will can lead to disputes among family members or beneficiaries, causing delays and additional stress. Solicitors can anticipate and address potential issues in your will, helping to reduce the likelihood of disputes and ensuring a smoother process for your loved ones.

10. Not Considering Special Needs

If you have beneficiaries with special needs or specific requirements, a DIY will might not address their unique circumstances adequately. Solicitors can help tailor your will to accommodate these needs and ensure that appropriate provisions are made.

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While DIY wills may seem like a cost-effective solution, they can often lead to costly mistakes and complications. Working with friendly team of solicitors at Vyman Solicitors, you can avoid these common pitfalls and ensure that your will is both legally sound and reflective of your true wishes.

Contact us today to book in a free 15-minute consultation to discuss our Will writing service, that provides peace of mind and protects your loved ones.

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The content of this article has been prepared for informational purposes only. This content does not constitute legal advice, nor does it give rise to a solicitor/client relationship. Specialist legal advice should be taken in relation to specific circumstances.

What is an Executor?

An executor (or executrix, the feminised version) of an estate is an individual appointed to administer the estate of a deceased person. The executor’s main duty is to collect and distribute the deceased’s estate in accordance with the instructions and wishes of the deceased. The executor is appointed usually by the testator of the will (the individual who makes the will). If there is no named executor, a next of kin may be appointed as an administrator.

How do Executors work?

The executor is responsible for making sure all assets in the will are accounted for, along with transferring these assets to the correct parties. Assets can include financial holdings, such as stocks, shares, bonds or money market investments, property, and chattels.

The executor also needs to ensure that all the debts of the deceased are paid off, including any taxes, loans, or mortgages. The executor is legally obliged to meet the wishes of the deceased and act in the interest of the deceased.

Some people agree to be an executor thinking that it will be years before they have to do any work. However, doing the job properly means going to work immediately.

To be prepared, you should:

• Make sure the testator is keeping a list of assets and debts, including bank accounts, investment accounts, insurance policies, real estate, and so on.
• Know where the original Will and the asset list is being held and how to access them.
• Know the names and contact details of solicitors named by the testator, and what their function is.
• Discuss the testator’s wishes as far as a funeral or memorial service, including instructions for burial or cremation.
• Discuss the will with the testator in order to minimise problems in the future.
• Have a copy of all these documents.

It is important that you have the time to gather this information as soon as possible after you’ve agreed to be the executor.

What if you don’t want to act as an executor?

The role of an executor is not always easy. As well as the legal forms that need to be completed, there may be complexities in administering the estate once the appropriate grant of probate or letters of administration have been received. There may be taxes to pay. For that reason, many people seek the assistance of a lawyer to help them in their role. A good solicitor will assist in applying for probate and in the administration as well as preparing final accounts and dealing with the distribution of the estate along with paying any taxes.

But that doesn’t mean that you have to act. If you are uncomfortable in acting there are three options that are open to you:

Renouncing the appointment.

In essence, this is the process of withdrawing your consent to act. To renounce executorship, you will need to have a deed of renunciation drafted by a solicitor. This document must be signed and lodged with the Probate Registry. Once it has been lodged it is final and can only be retracted if you have permission from a District Judge or Registrar. In order to renounce however, you must not have “intermeddled” in the estate (more on that below).

Having power reserved if there is another executor who can act instead.

When a will names more than one executor, not all of the executors have to act if they don’t want to. If one executor doesn’t want to act, they can have power reserved to them, which means that they won’t need to take an active role in the administration of the estate. The other executors will then take on all of the probate responsibilities. The major difference to renouncing is that having power reserved is easily reversed if someone changes their mind. It is also possible to have power reserved if the executor has intermeddled in the estate.

Appointing an attorney to act on the executor’s behalf.

An executor named in a will can also decide to appoint someone as their “attorney” to act on their behalf and to administer the Estate for them. This is done by way of a Limited Power of Attorney, which would state that the attorney is only able to act in relation to administering the Estate, and not in relation to the executor’s own personal affairs. When someone is appointed using a Power of Attorney, they essentially step into the shoes of the executor and have the same powers that the Executor would have themselves. An executor can appoint an attorney to act in their place even if they have “intermeddled” in the estate, so as long as the grant of probate has not been applied for. An attorney can be a friend or family member or an executor may wish to instruct a professional person or organisation, such a solicitor, to act as their attorney.

What is Intermeddling?

If you are considering stepping down as an executor, you need to be clear that you have not intermeddled in the estate before you decide which course of action to take. Intermeddling means that you have handled the deceased person’s assets or held yourself out in the role of an executor. This could be collecting an asset or paying a debt. It could also mean you have dealt with handing over an asset to a beneficiary or have been running the deceased’s business after their death.

Certain acts, however, are not regarded as intermeddling, such as arranging the funeral, securing goods or moving assets to a place of safety. By preserving the estate assets initially, you are not considered to be assuming the role of executor and are therefore not intermeddling.

If, on the other hand, you have started to distribute assets or paid debts from the estate you will almost certainly intermeddled and the option of renouncing executorship will no longer be open to you.

Contact our Family Team at Vyman