Law Commission Proposes Major Reforms to Will Laws in England and Wales

16 June 2025 | Wills, Trust & Probate |

The way we make Wills in England and Wales may soon be changing significantly. In May 2025, the Law Commission published a final report and a draft bill proposing a complete overhaul of the outdated Wills Act 1837 outdated Wills Act 1837. These long-anticipated reforms aim to bring will-making into the modern age, taking into account changes in society, technology, and medical understanding that have taken place over nearly two centuries.

The process began back in 2016, recognising that current laws no longer reflect the way we live today. The key proposals include:

Wills Could Still be Valid Even If They Don’t Follow All the Rules 

Courts may soon be able to approve a will that doesn’t meet all the formal legal requirements, provided there is clear evidence of what the person truly wanted. This could include voice notes, text messages, or other informal forms of communication.

Making a Will at 16

The minimum age for making a will could be lowered from 18 to 16. In special cases, even younger children might be permitted to create a will with court approval.

Fixing Mistakes in Wills

Courts could be granted greater powers to correct errors in wills, particularly useful in cases when the will hasn’t been professionally drafted. 

Undue Influence Will Be Easier to Prove

If there’s reason to suspect that someone was pressured into making or changing a will, the burden of proof may shift. This means the person accused of exerting influence would need to prove that the will-maker’s decisions were made freely.

Witness Rules Extended

Under the proposed changes, anyone who signs or witnesses a will, including their spouse or civil partner, might not be allowed to benefit from the will, unless the court finds it fair to allow it.

Marriage Won’t Cancel a Will

Currently, getting married cancels any previous wills. The Law Commission suggests removing this rule to prevent individuals from losing control over how their estate is distributed.

One Simple Test for Mental Capacity

A modern, simplified test could be introduced to determine whether someone has the mental capacity to make a will, ensuring greater clarity and consistency.

Electronic Wills Might Be Allowed

Wills could one day be made and signed electronically, with strict safeguards to protect against fraud and abuse. 

What Does This Mean for You?

These proposed reforms represent a significant step towards modernising will-writing, striking a balance between greater accessibility and robust safeguards against abuse. Whether you're planning your first will or revisiting an existing one, it's crucial to stay informed about how the law is changing.

At Fishers Solicitors, our expert Wills and Probate team is here to help you navigate the legal landscape and ensure your wishes are properly documented and protected.

Contact us today to arrange a consultation and take the first step in securing your legacy.