The Wills Bill 2025: modernising Will-making in the UK

The law governing wills in England and Wales has remained largely unchanged since the introduction of the Wills Act 1837. However, in a world shaped by digital technology, evolving family dynamics, and increasing life expectancy, many aspects of the current legislation no longer reflect modern life.

Published in May 2025, the proposed new Wills Bill aims to modernise the process of making a will, making it more accessible, practical, and secure while continuing to protect individuals from fraud, coercion, and undue influence.

Here are some of the most significant proposed reforms and what they could mean for your estate planning.

Key Changes Proposed in the New Wills Bill

1. Legal Recognition of Digital Wills

One of the most significant reforms is the introduction of electronic wills. Under the proposed legislation, individuals may be able to create, sign, and store their wills digitally, provided certain security and verification safeguards are met.

This could make the process considerably more convenient for people who live overseas, are unable to travel, or prefer using digital platforms. Secure online storage may also make it easier for executors and family members to locate important documents when needed.

While technology may simplify the process, professional advice will still be essential to ensure a will is correctly drafted and legally robust.

2. Greater Flexibility Where Mistakes Occur

Under the current law, even a minor technical error can invalidate a will. For example, issues with signatures or witnessing requirements may result in the deceased’s wishes not being followed.

The proposed Bill introduces a new “dispensing power”, allowing courts to approve a document as a valid will even if certain formalities have not been fully complied with, provided there is clear evidence that it reflects the individual’s genuine intentions.

This reform is designed to prevent small procedural mistakes from undermining an entire estate plan, although careful drafting and proper execution will remain important.

3. Lowering the Minimum Age for Making a Will

At present, most individuals must be at least 18 years old to make a valid will. The proposed reforms would reduce this age to 16.

Although this may not affect most families directly, it could provide important protection for younger individuals with significant assets, inherited wealth, or serious health concerns, allowing them greater control over their affairs.

4. Marriage Would No Longer Automatically Revoke a Will

Currently, getting married or entering into a civil partnership generally revokes any existing will unless it was specifically made in contemplation of that marriage.

The new Bill proposes removing this automatic revocation rule. As a result, existing wills would remain valid after marriage unless the individual chooses to update them.

This change reflects modern relationship structures and is also intended to help prevent financial abuse associated with so-called “predatory marriages”.

Even with this reform, reviewing your will after major life events — such as marriage, divorce, the birth of children, or significant financial changes — will remain highly advisable.

5. Stronger Safeguards Against Undue Influence

The proposed legislation also seeks to strengthen protections for vulnerable individuals who may be pressured into changing their will.

Currently, proving undue influence can be extremely difficult. Under the reforms, courts may be given greater authority to infer undue influence where there are reasonable grounds for concern.

This could improve protection for elderly and vulnerable individuals while placing greater responsibility on legal professionals to properly document that instructions were given freely and independently.

6. A Modernised Test for Mental Capacity

The Bill also proposes replacing the longstanding legal test established in Banks v Goodfellow with the framework set out in the Mental Capacity Act 2005.

This modern approach is already widely used in other areas of law and may provide greater clarity and consistency when assessing whether someone had the mental capacity to make or amend a will.

The reform may also help reduce disputes involving dementia, cognitive decline, or questions surrounding capacity.

What Could This Mean for Your Estate Planning?

The proposed reforms are intended to make will-making more straightforward, reduce the risk of technical disputes, and better protect an individual’s wishes.

However, they also provide a timely reminder of the importance of regularly reviewing your estate planning arrangements. If your personal, financial, or family circumstances have changed, it may be sensible to revisit your will sooner rather than later.

Estate planning should also take account of wider financial considerations, including inheritance tax exposure, trusts, pensions, gifting strategies, and succession planning for business assets. This is particularly relevant given recent changes to inheritance tax reliefs on certain business property, which may require more careful planning around how future liabilities will be funded.

A Long-Overdue Modernisation

Although the Wills Bill has not yet become law, it represents one of the most significant proposed updates to succession law in generations.

The reforms aim to modernise the will-making process, improve accessibility, and provide stronger protections for individuals and families. Until the legislation is formally enacted, however, existing legal requirements under the Wills Act 1837 remain fully in force.

Anyone preparing or updating a will should therefore continue to follow the current rules and seek professional legal advice to ensure their wishes are properly protected.