For nearly two centuries, the Wills Act 1837 has governed how we create Wills in England and Wales. While its principles have stood the test of time, evolving societal needs and technological advancements have made reform necessary. On 16th May 2025, the Law Commission published its final report modernising Wills Law. The Wills Bill 2025 aims to modernise Will-making, improving accessibility and reducing undue influence concerns.
Key reforms: what changes?
The Bill introduces several noteworthy changes:
- Electronic Wills and remote witnessing
One of the most significant shifts is the recognition of electronic Wills. The law will now permit testators to execute their Wills digitally, as long as secure systems guarantee authenticity. Additionally, witnesses can now attest Wills remotely via live video, easing the logistical burden of traditional execution requirements.
- Abolition of automatic Will revocation by marriage
Currently, marriage revokes a Will unless made in contemplation of that marriage. This outdated rule has led to instances of predatory marriage, where vulnerable individuals unknowingly lose their intended testamentary dispositions. The new Bill abolishes this revocation, protecting estates from exploitation.
- Testamentary capacity and undue influence
The Bill aligns the test for capacity with the Mental Capacity Act 2005, replacing the historical Banks v Goodfellow standard. Courts will also have enhanced discretion to infer undue influence in suspicious circumstances, shifting the burden where necessary.
- Lowering the minimum age to 16
Currently, testators must be 18 years old to make a Will. The new Bill reduces this to 16, reflecting modern views on financial independence and decision-making.
Implications for estate planning
These changes bring both opportunities and challenges. While the ability to make electronic wills is convenient, questions remain around security risks. Similarly, remote witnessing introduces practical concerns—could digital execution increase fraudulent wills?
Solicitors must also prepare for potential litigation around undue influence claims. With courts given greater flexibility to infer coercion, will challenges could become more frequent.
Final thoughts
The Wills Bill 2025 is a step in the right direction. It modernizes an antiquated framework while improving protections against financial exploitation. However, as with any legal reform, its effectiveness will depend on careful implementation and judicial interpretation.
For individuals planning their estate, now is an excellent time to review testamentary documents in light of these impending changes. If you have questions about how these reforms may affect your will, seeking legal advice early is essential.
How can we help?
Amanda Voakes is a Partner in our expert Wills and Probate team, advising on Inheritance Tax planning, Wills, administration of estates, grants of Probate, grants of Letters of Administration, Powers of Attorney, administration of affairs, and residential care fee planning/protection of assets.
Amanda is an accredited member of The Association of Lifetime Lawyers (formerly known as Solicitors for the Elderly or SFE) which is a membership body for legal professionals. Members of the group are the most qualified lawyers in the country when it comes to supporting older people and those in vulnerable circumstances who may need extra help and support. Lifetime Lawyers receive expert training and best practice guidance to offer the very best advice.
If you require any legal advice on the above subjects, please contact Amanda or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.
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