The proposed undue influence test in the Wills Bill

What do the recommendations mean in practice?

By Elis Gomer

The Law Commission's final report on modernising wills, along with the draft bill published following its consultation, makes several recommendations for reforming the law related to wills. While much of the commentary on the report has centred on the most notable proposals - such as the potential for an "enabling power" that would allow technically invalid wills to be admitted to probate if it can be shown they reflect the testator's wishes, or the introduction of "electronic wills" despite the negligible detail on how these might work in practice - this article concentrates on the proposed changes to the law concerning undue influence in the context of probate.