21 May 2025
The Law Commission’s Modernising Wills Law report proposes sweeping changes aimed at making will-writing more accessible, modern, and secure.
Here’s a quick breakdown of what’s changing, and why it matters.
Electronic Wills Are Coming
The most eye-catching change? The introduction of electronic wills, making it easier for people to record their wishes digitally. But it won’t be a free-for-all: e-wills will need to be stored on a government-approved central system with added security to guard against fraud and abuse. Traditional paper wills will still be valid and unaffected.
Why it matters: Only 49% of UK adults have a will. This change could make it easier and more appealing to get one in place.
Age to Make a Will Lowered to 16
Currently, you need to be 18 to write a will. Under the new rules, 16 and 17-year-olds will be able to decide what happens to their assets. Courts may also approve wills for under-16s in exceptional cases.
Why it matters: Young people, especially those with serious health conditions or inherited wealth, can take control of their future.
Marriage Will No Longer Cancel a Will
Under current law, getting married or entering a civil partnership automatically cancels any existing will, a rule that has led to cases of predatory marriage. The new law will prevent marriage from revoking a will, protecting vulnerable individuals from being manipulated.
Why it matters: This is a huge win for campaigners fighting to protect older people from financial abuse through coercive marriage.
Tougher Action on Undue Influence
The reforms will give courts greater power to investigate suspicious wills and void gifts where coercion is suspected, even extending protection to cohabiting partners of witnesses. The burden of proof could shift to those benefiting from the will in suspicious cases.
Why it matters: Will disputes are on the rise, and undue influence is notoriously hard to prove. These changes aim to make it easier to root out abuse.
One Clear Test for Mental Capacity
The outdated Banks v Goodfellow test for capacity (from 1870!) will be rolled into the Mental Capacity Act 2005, simplifying how we assess whether someone has the mental ability to make a valid will.
Why it matters: A single, modern standard will make things clearer for legal professionals and families alike.
What Happens Next?
The draft bill is now with the government. Legal bodies like STEP (Society of Trust and Estate Practitioners) are pushing for a strong public awareness campaign to help people understand the changes and the importance of having a valid will.
These reforms bring wills law into the 21st century, balancing accessibility with protection. But with greater flexibility comes greater need for clarity and expert guidance.
Now more than ever is the time to review your will or make one if you haven’t already.
Have questions about making or updating your will?
Contact our team via online: Contact Us AB Solicitors For Your Legal Needs or call 01202 527008
