The Biggest Shake-Up in Will Law for Nearly 200 Years: Are You Ready?

The law governing how wills are made in England and Wales hasn't fundamentally changed since 1837:the year Queen Victoria came to the throne. But that could be about to change.

In May 2025, the Law Commission published its landmark report on Modernising Wills Law, accompanied by a draft Bill that would replace the Wills Act 1837 entirely. The proposals are dramatic. Here's what you need to know.

Electronic wills could become legal

The most headline-grabbing proposal is the introduction of electronic wills. Under the current law, a will must be a physical document, signed by hand and witnessed by two people in the room.

The Law Commission proposes that wills created and signed electronically should be legally valid, provided they use a "reliable system" that:

• Verifies the identity of the person signing
• Protects the will from unauthorised changes
• Clearly distinguishes the original from copies

This would be a fundamental change. During the COVID-19 pandemic, temporary measures allowed remote witnessing of wills via video call, and the Law Commission's proposals would put something similar on a permanent footing.

Marriage would no longer cancel your will

Under the current law, getting married automatically revokes your will. Many people don't know this, and it catches families out every year. The Law Commission recommends abolishing this rule entirely.

This is a common-sense change. If you made a careful, considered will and then got married, there's no good reason for that will to be automatically cancelled.

A new mental capacity test

The current test for whether someone has the mental capacity to make a will (called the "Banks v Goodfellow" test) dates from 1870. The Law Commission recommends replacing it with the modern test from the Mental Capacity Act 2005, which is already used everywhere else in law.

This is particularly important as our population ages. The modern test is better understood by doctors, social workers, and care professionals, making it easier to assess capacity and harder for disappointed relatives to challenge a will on capacity grounds.

Stronger protection against undue influence

Currently, if someone suspects a will was made because of undue influence (for example, a carer pressuring an elderly person to change their will), the burden of proof is entirely on the person making the claim. This makes these cases very difficult to win.

The Law Commission proposes that where there are reasonable grounds to suspect undue influence, the burden should shift to the person trying to enforce the will. This would make it much easier to protect vulnerable people.

Wills from age 16

Currently, you must be 18 to make a will (with limited exceptions for military personnel). The Law Commission recommends lowering this to 16, recognising that many 16-year-olds have jobs, savings, and property they should be able to plan for.

A "dispensation" power for courts

Perhaps the most significant practical change: the report proposes giving courts the power to validate a will that doesn't meet all the formal requirements, as long as the court is satisfied it represents the person's genuine wishes.

This "dispensation power" exists in Australia and New Zealand and has been used to validate everything from unsigned wills to text messages and even sticky notes, where the evidence clearly shows what the person intended.

When will these changes happen?

That's the uncertain part. The Law Commission published its report in May 2025, but the government has not yet committed to introducing the Bill. The Law Society has publicly called on the government to act, warning that the current law is failing families.

For now, the existing rules still apply. Your will must be a physical document, signed by you, and witnessed by two people present at the same time.

What should you do now?

Don't wait for the law to change. The current rules are clear, and making a will now protects your family immediately. If and when the law changes, you can always update your will. And with Make a Will, lifetime updates are free for your first year, then a low annual subscription.

Sources

• Modernising wills: the Law Commission publishes its final report — Macfarlanes
• No will to act on wills reform — The Law Society
• Modernising the law of wills: The Law Commission Report 2025 — Russell-Cooke
• The Law Commission's Report on Modernising Wills Law — Hodge Jones & Allen
• Electronic Wills: Modernising Inheritance for the Digital Age — The Society of Will Writers
• Will Reform 2025: Key Changes to Modernise the Wills Act — Druces