Sianead O’Connor
Legal Services Director
It’s looking likely that the law on wills is finally being brought into the 21st century. The Law Commission’s Modernising Wills Law report sets out recommended major reforms — from electronic wills to new rules around marriage and mental capacity. Read our article to find out what it could mean for you.
In May 2025, the Law Commission published its final report on Modernising Wills Law, a major review of how wills are made and recognised in England and Wales.
The current rules date back to the Wills Act of 1837. They have served well, but life has changed. We live longer, rely on technology for nearly everything, and family structures now look very different from those of two centuries ago. The new proposals aim to update the law so it is fit for modern life.
The aim: clearer, fairer, and more practical
The Law Commission’s goal is simple: to make it easier for people to make a valid will and to give courts clearer tools when something goes wrong.
The changes aim to:
- Cut unnecessary barriers that stop people making a will
- Reduce disputes about what someone really meant
- Use today’s legal standards on capacity and protection
- Prepare for the future introduction of electronic wills
The main proposed changes
1. A new minimum age of 16
Sixteen- and seventeen-year-olds would be able to make a will. In rare cases, under-16s could do so with court approval.
2. Electronic wills
Wills created, signed, and stored electronically could be recognised in future — but only with strong safeguards to confirm identity and prevent fraud. The detail still needs to be worked out before this becomes possible.
3. More flexibility around the rules
Right now, a will can be thrown out just because the signing process wasn’t perfect — signed by the Testator in the presence of witnesses all in eyeline sight, that kind of thing. The new law would give courts a limited power to accept a document as valid if it clearly shows what the person intended, even if the formalities weren’t followed exactly.
4. Marriage no longer cancels a will
Currently, marrying or entering a civil partnership automatically voids your will unless it was made in contemplation of that marriage. The Commission recommends abolishing that rule so your will remains valid unless you choose to change it. It also provides protection against so-called predatory marriages, where a vulnerable person could be exploited.
5. Updating the test for mental capacity
The current test dates from 1870. The report recommends replacing it with the standard used in the Mental Capacity Act 2005. This would align wills law with the way capacity is assessed elsewhere and minimise confusion when disputes occur.
6. Better protection from pressure and fraud
The new law would make it easier for courts to act when there is evidence that someone was pressured or coerced into changing their will.
What hasn’t changed yet
None of this is law yet. The government still needs to decide whether to introduce new legislation.
So for now:
- The Wills Act 1837 remains in force.
- Existing wills stay valid unless revoked.
- Electronic wills are not yet legally recognised.
- These are recommendations, not immediate changes.
Why it matters
A will is the only formal way to record what you want to happen to your property, money, and possessions when you die. Without one, the intestacy rules decide — and that might not match what you’d have chosen.
Many adults still do not have a will, often because the process feels complicated or outdated. These reforms aim to change that: to make it simpler, safer, and better suited to modern life while maintaining protections for those most at risk.
A note of caution
While I support the idea of modernising wills law, I do have concerns about how some of these changes might unfold in practice. If electronic wills and more relaxed formal rules are introduced without very clear safeguards, we could see an increase in contentious probate — more disputes about whether a will was genuinely signed by the person making it and whether it was indeed their last valid version.
Currently, the report does not explain how fraud will be prevented or what evidence families will need to produce to prove a will is genuine. Until those details are included, there is a lot of uncertainty.
My advice is straightforward: if you’re considering making a will or updating an existing one, do so now under the current regulations. The protections we have today are proven to work and provide much clearer guidance than the system we might move towards.
In summary
This is the biggest overhaul of wills law since 1837. It aims to modernise the law without weakening the safeguards that protect people’s wishes. The process will take time, and more clarity around fraud prevention is needed, but the overall goal is clear: a wills system that feels more human, practical, and suited to the century we are in.
Until the law changes, there are a few practical steps worth taking:
- If you don’t have a will, make one under the current law.
- If you already have a will, review it whenever your circumstances change.
- Don’t wait for electronic wills — they’re still some way off.
- If you’re helping an older or vulnerable relative, make sure they have independent advice and are under no pressure.
