Wills reform: What will the proposed changes mean for you?

Sweeping changes to modernise the law around Wills, untouched since Victorian times, have been put forward by the Law Commission in a report to the government.

It recommends a raft of significant amendments including making electronic Wills valid, abolishing the rule that getting married revokes a previous Will and lowering the age at which you can make a Will from 18 to 16.

As life expectancy increases, with more ill health and mental capacity problems as a result, and as the march of technological change continues apace, the reform is seen as much needed and by many, long overdue.

The Law Commission say its recommendations will clarify the law and make sure it is ‘fit for purpose in the modern age’.

What Will reform changes do you need to know about?

The Law Commission’s report has been laid before Parliament along with a draft bill. It is now up to the government, after a period of review, to decide whether to implement the recommendations.

These are the key changes being considered:

Allowing electronic Wills

These should get the go ahead, says the Law Commission, pointing to how the pandemic highlighted the advantages of being able to witness wills remotely.

Provision is likely to include digital signatures and digital witnessing, for example by video call, with digital safeguards to minimise the risk of fraud, undue influence and Wills being destroyed.

Getting married or entering into a civil partnership will no longer revoke a Will

This amendment reflects how society is changing with cohabitation now more popular than marriage, as well as considering the rise of predatory marriage.

Under current law, getting married or entering a civil partnership, automatically cancels out any previous Will you made, leaving you in a potentially vulnerable position.

This has also contributed to the growing problem of predatory marriage, where a vulnerable person is coerced into a marriage they don't have the mental capacity to agree to by a predatory individual set to financially benefit from inheriting their estate.

Reviewing how Mental Capacity to make a Will is assessed

The process of evaluating whether someone has the mental capacity to make a Will – understanding exactly what they are doing, who they are leaving their estate to and the full implications of this – should be streamlined, from two potential tests to one.

Using only the potentially more robust Mental Capacity Act 2005 would provide clearer standards and better protection for vulnerable people.

Wills for children

The law at which a child is legally allowed to make a Will would be changed from 18 to 16 and in some cases, with court authorisation, down to 15 or even younger as long as they are ‘competent’. This would enable terminally ill young people, in certain circumstances, to make a Will.

Making it easier to challenge undue influence

After lengthy scrutiny of this area of the law, the Commission recommends making it easier to infer that undue influence – when it is alleged that someone making their Will has been coerced by another – has taken place.

The current law, it says, leaves vulnerable people open to financial abuse: ‘For that reason, we recommend that it should be possible for the courts to infer that a will was brought about by undue influence where there is evidence which provides reasonable grounds to suspect it.’

This would potentially better protect the true intentions of the Will-maker but there are also concerns the change could lead to a further rise in inheritance claims.

Enabling an invalid but clear Will to stand

If it is clear what someone wants to happen to their estate after they die, even if their Will doesn’t comply with the formal requirements of the Wills Act 1837, there should be a mechanism making it possible for their intentions to be put into effect, says the Law Commission.

Get in touch

As these significant changes to Wills law are considered, our specialist Wills and Mental Capacity Team can advise on what they mean for you and how best to protect your interests.

All our Wills and Mental Capacity solicitors are highly experienced. Many are members of The Association of Lifetime Lawyers (formerly Solicitors for the Elderly) and the Society of Trust and Estate Practitioners (STEP). Both organisations require the highest standards from its members with proven qualifications and experience.

Not only does Wards Solicitors win high praise in the 2025 edition of the independent Legal 500 guide, we are also Bristol Law Society’s Regional Firm of the Year.

Our Wills and Mental Capacity Team has also been chosen as Devon and Somerset Law Society’s Private Client Team of the Year.

We offer a free initial appointment, can meet you in one of our offices or come to your home and always ensure the strict protocol for Will signings is followed to the letter.

• If you want to make or update your Will, please contact our Wills and Mental Capacity Team.