Practitioners have widely welcomed the Law Commission’s proposed shake-up of the 188-year-old law governing wills - but warned that some of the recommendations could attract further litigation.

The commission yesterday presented to the government proposals to clarify the law and ensure it is ‘fit for purpose in the modern age’. Recommendations include making provision for electronic wills and empowering the courts to infer undue influence. Where a will does not fully comply with the formality requirements, but the person’s intentions are clear, courts can treat the document or recording as formally valid.

Law Society president Richard Atkinson said: ‘We welcome the proposed amendments which embraces technological developments such as electronic wills. It is vital, however, that appropriate safeguards are put in place to make sure people have the necessary mental capacity to make a will of their own accord.

‘As long as the necessary protections for the citizen are in place, reforming the laws around wills allows more people to effectively express their last wishes.’

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STEP, a professional body for trust and estate practitioners, also welcomed the commission’s recommendations. However, Emily Deane, head of government affairs, said the proposed abolition of the law revoking a will upon marriage could has far-reaching implications.

‘People need to be made aware ahead of any changes to the law, the impact, and the importance of having a will and keeping it updated. This will ensure that any changes do not lead to an increase in inheritance disputes and litigation, further strain on the legal system, confusion and distress for bereaved families,’ Deane said.

Hayley Robinson, a private wealth disputes specialist at Stevens & Bolton, welcomed greater flexibility around testamentary affairs, ‘but where any recommendation includes giving the court a jurisdiction to approve formally invalid wills in “exceptional” circumstances, it must be assumed that litigation will follow around what “exceptional” really means’.