On 16 May 2025, The Law Commission released a landmark report recommending major updates to the laws around Wills, aiming to reflect today’s social and technological realities. The main current 1837 legislation dates back to the Victorian era and has remained largely unchanged, despite shifts in family structures, digital technology, and life expectancy.
Among the headline proposals:
- Electronic Wills – The introduction of electronic Wills, designed to provide the same legal security and safeguards against fraud as traditional paper documents.
- Marriage will not revoke Wills – The Commission also calls for removing the outdated rule that automatically revokes a Will upon marriage – a change that would help protect vulnerable individuals, especially in cases involving predatory relationships.
- Lowering the age for making a Will from 18 to 16 – Another significant recommendation acknowledging that young people can already make other legal decisions at this age and may have specific wishes if terminally ill.
Other technical proposals for the practitioners address undue influence, suggesting a shift in the burden of proof in contested cases, making it easier to challenge suspicious Wills. In addition, it proposes that cohabiting partners of witnesses (not just spouses) should be subject to restrictions around receiving gifts under a Will.
In terms of capacity, the Commission suggests aligning the test for testamentary capacity with the Mental Capacity Act 2005 rather than the existing case law (Banks v Goodfellow), promoting consistency across legal frameworks. They also propose a professional code of practice for those assessing capacity when a Will is drafted.
A new “dispensing power” is also on the table, which would allow courts to uphold Wills that may not strictly comply with formal rules, provided the deceased’s intentions are clear and unchanged at the time of death.
These changes, years in the making, aim to bring clarity, fairness, and relevance to Wills law in a changing world.
But when will these reforms come in?
This is uncertain. The Law Commission published its final Report on 16 May 2025. It is now for Government to review and consider their recommendation for reform, and the accompanying draft Bill for a new Wills Act.
Should I delay preparing my Will until these reforms are brought in?
Philip Williams of Boston Spa Legal comments:
“I would not recommend delaying preparing your Will. For the vast majority of people, the current rules and procedures for preparing Wills work seamlessly well. Almost all of us are better off having a Will than not having a Will so if you are thinking of preparing a Will, please book a free consultation. I promise to make the Will writing process as easy and quick as possible!”
Further reading:
Read more on the full report via the Law Commission’s website: lawcom.gov.uk/project/wills
