Writing a Last Will and Testament is one of the best ways to protect your loved ones and your legacy. Yet, the rules that govern how we make Wills in England and Wales have remained largely unchanged since the 19th century. This could all change with the introduction of the Wills Bill 2025.
On 16th May 2025, the Law Commission released its final report titled Modernising Wills Law. This report should modernise Will-making, updating outdated laws to better reflect our digital society.
The Wills Bill 2025 is not yet law, but the draft legislation is now before Parliament. If it passes, it will replace the Wills Act 1837.
Why Reform Was Long Overdue
The Wills Act 1837 has been the foundation of Will-making for nearly 200 years. It comes from an age before smartphones, video calls or electronic documents. The law insists on strict formality; a Will must be in writing, signed in ink and witnessed by two people physically present.
Today, many people live well into old age and face challenges with mental or physical health that complicate Will-making. At the same time, people now own more complex and valuable assets, including digital property.
Reforms in the Wills Bill 2025
The Wills Bill 2025 brings several changes, with the aim to make Will-making simpler, safer and more inclusive. Here are the standout reforms:
1. Electronic Wills and Remote Witnessing
People will now be able to create and sign their Wills digitally. Witnesses can also observe and sign remotely using video conferencing. The change from traditional wet-ink signatures benefits those who are housebound, isolated or living abroad. To prevent misuse, secure systems will verify the identity of all signatories.
2. Ending Automatic Revocation by Marriage or Civil Partnership
Currently, marrying or entering a civil partnership automatically cancels any existing Will, unless the Will specifically states it was made in contemplation of that marriage. This rule has led to many unintended consequences.
The Wills Bill 2025 proposes to abolish this rule. Your Will will remain valid after marriage unless you choose to change it. This helps protect vulnerable people from “predatory marriages”, where someone might marry purely to gain inheritance.
3. Updating the Test for Mental Capacity
Currently, two separate legal tests determine whether someone has the mental capacity to make a Will. The Wills Bill 2025 recommends adopting the test from the Mental Capacity Act 2005, which is already widespread in other areas of law. Under this test, individuals are presumed to have capacity unless proven otherwise.
4. Court Powers to Recognise Informal Wills
Currently, a Will that fails to meet the strict legal requirements is invalid, even if the deceased’s intentions were clear. This affects many homemade Wills or those made in emergencies. The Wills Bill 2025 allows courts to accept a Will that does not meet all formalities, if there is convincing evidence if the testator’s intentions. Examples might include text messages, voice recordings or videos.
5. Lowering the Minimum Age to Make a Will
Currently, only those aged 18 or older can make a Will. This excludes younger people who may want to express their wishes, especially in cases of illness or estrangement from parents. The Wills Bill 2025 lowers the age to 16 and permits courts to allow under-16s to make a Will in exceptional circumstances.
6. Greater Protection from Undue Influence
Undue Influence is when someone pressures another into making a Will that does not reflect their true wishes. This is especially common among the elderly or vulnerable. The Wills Bill 2025 changes how courts handle such cases. If there are reasonable grounds to suspect Undue Influence, the burden of proof changes to the person defending the Will.
What to Expect Next with the Wills Bill 2025
The proposed reforms have widespread support from both legal professionals and the public. They aim to remove outdated obstacles and bring Will-writing in line with modern life. It should also reduce the risk of valid Wills being challenged or ignored due to minor errors.
Even with more flexible rules, the importance of clarity and proper documentation remains. A Will must still reflect the true intentions of the Testator. Soon, people will have more options to create Wills that match their needs.
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This article is for general informational purposes only and does not constitute legal or financial advice. While we aim to keep our content up to date and accurate, UK laws and regulations are subject to change. Please speak to a professional for advice tailored to your individual circumstances. Will Guardian accepts no responsibility for any issues arising from reliance on the information provided.