How British Columbia’s Wills Reform Helped Shape England and Wales’ Proposed Wills Act
July 7, 2025
BY Ignacia Mendez
Introduction
In shaping its proposals for wills law reform, the Law Commission of England and Wales found a compelling model in British Columbia’s Wills, Estates and Succession Act (WESA), a statute shaped in part by the 2006 BCLI report on succession law. Elements of BCLI’s recommendations now appear in the Law Commission’s 2025 report, Modernising Wills Law. There are several areas where BCLI’s work and that of BCLI’s predecessor, the Law Reform Commission of British Columbia (LRCBC), directly informed the Law Commission’s report.
Dispensing Powers
Both reform reports share the same premise that testamentary intent should not be defeated by technicalities. BCLI’s recommendation that courts be granted the discretion to validate testamentary documents that fail to meet formal execution requirements, so long as the intent of the will-maker is clear, is represented in section 58 of WESA.
The Law Commission explicitly cited BC as the model for this approach, noting that courts in the province have used dispensing powers responsibly, without a flood of litigation occurring. As a result, the Law Commission recommended that similar judicial dispensing powers be included in the new Wills Act, opening the door to fulfilment of testators’ wishes where formal defects are present.
Expanding Rectification Powers
BC’s reform also expanded the scope of judicial rectification, enabling courts to correct drafting errors that may result from miscommunication or misunderstandings related to will instructions. Expanding these powers signalled a shift away from rigidity, towards outcomes that reflect the true intentions of the deceased.
The Law Commission followed suit by recommending particularly that courts in England and Wales should have greater flexibility to rectify wills in cases involving clerical or drafting errors.
Abolition of Revocation by Marriage
Historically, both Canadian and English law have held that marriage automatically revokes an existing will. BCLI’s report proposed that marriage should no longer revoke a will unless specifically stated, the rationale being that this rule often leads to unintended intestacy, particularly in blended families or among older adults. WESA implemented this change.
The Law Commission endorsed this position in its 2025 report, recommending an end to automatic revocation upon marriage or civil partnership.
Reducing Minimum Age for Will-Making
Another point of alignment between the two reports is the recommendation to lower the minimum age for making a will to 16 years of age. BCLI’s recommendation stemmed in part from the premise that lowering the minimum age would help to prevent inconveniences resulting from intestacy in cases where minors have interests in valuable assets.
In support of lowering the minimum age, the Law Commission’s report cites BC as a jurisdiction which grants 16 year olds testamentary capacity. Like BCLI, the Law Commission notes that lowering the minimum age requirement will assist children who have significant assets, as well as those who may be experiencing degenerative conditions or other health issues.
Saving Gifts to Subscribing Witnesses and Their Spouses
Traditionally, a person who signs as a witness to a will cannot receive a gift under that will. However, BCLI and the former LRCBC recognized that this could lead to harsh outcomes, especially in cases involving close friends or partners who witnessed the will out of necessity or convenience, not deceit.
In response, WESA grants courts discretion to validate such gifts where no undue influence or fraud is found. The Law Commission adopted a nearly identical stance, recommending that courts in England and Wales be allowed to save gifts to witnesses or their spouses (including same-sex partners) where the circumstances merit it.
Electronic Wills
Perhaps the more future-facing element of both reforms is the recognition of electronic wills. The BCLI report anticipated this shift as early as 2006, noting that legal frameworks would soon need to adapt to digital signatures, online storage, and changing norms around document creation. Later, the first provisions enacted in Canada to validate purely electronic wills were added to WESA, having been developed by the Uniform Law Commission of Canada.
The Law Commission’s 2025 report devotes a chapter to electronic wills, recommending a regulation-making power that would allow such wills to be introduced safely and gradually. Importantly, the Law Commission pointed to jurisdictions like BC as examples of where digital modernization in succession law has been successfully anticipated and legislated.
Conclusion
Though operating in different legal systems, the BCLI and the Law Commission shared a common goal to modernize wills law. From dispensing powers to digital innovations, many of the Law Commission’s recommendations echo proposals developed in BC some time ago. As England and Wales move towards legislative implementation, BC’s leadership stands as an example of how thoughtful law reform can positively ripple across jurisdictions.
