Likely to come in during 2025 is a new Wills Act, which would only be a slightly overdue replacement for the Wills Act 1837! A topical issue that this may well address is the question of capacity. The 1837 Act stated that an individual had to be 21 to make a Will, which was reduced to 18 by the Family Law Reform Act 1970, but the Mental Capacity Act (MCA) 2005 doesn’t mention age.
The MCA defines capacity by four simple elements – does the individual understand what they are being asked; can they mull it over, can they make a decision; can they communicate that decision? If the answer to all four is in the affirmative, then the individual is deemed to have capacity. With Wills there’s also a bit of case law that comes into play, known as Banks & Goodfellow, which states that you should have some concept of the size of your estate, so what you are giving away, and who you may have a moral obligation to benefit.
What’s topical about this? Well, Luke Littler, the new World Darts Champion couldn’t make a Will under the current regime until 21 January 2025, being his 18th birthday, despite reports of him earning £1m+ in his first professional year! This isn’t the only issue expected to be addressed by the new Act, as it is intended to codify some form of electronic Will like the new LPAs.