Modernising Wills Law: What Proposed Reforms Could Mean for You

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The law relating to Wills in England and Wales hasn’t had a full update since the

19th century. The Wills Act 1837 has been patched over the years — including some

temporary changes during COVID — but it no longer reflects modern life.

The Law Commission is now proposing a major reform that could transform the way

Wills are made and challenged. From recognising electronic Wills to new safeguards

against undue influence, the changes are designed to make the law clearer, fairer,

and better suited to today’s society.

So, what’s on the table — and how could it affect you?

Why Reform Is Overdue

The world has changed dramatically since the original Wills Act. People are living

longer, often marrying or remarrying later in life, and conditions like dementia and

Alzheimer’s are far more common. At the same time, technology has transformed

how we communicate and record important information.

But the law hasn’t kept up. Outdated rules have caused confusion, legal disputes,

and sometimes heartbreaking family fallouts. That’s why many lawyers and

academics are welcoming the prospect of reform.

The Key Proposals

1. Electronic and informal Wills

For the first time, electronic formats such as emails, videos, voice notes, or even

informal handwritten notes could be accepted as valid Wills. The key will be proving

they are genuine and untampered.

It’s important to note that these only could be accepted as valid. The best way to

ensure that your wishes are carried out will remain a properly drafted, traditional Will.

2. Marriage no longer cancels a Will

Right now, getting married automatically cancels your Will unless it specifically states

otherwise. The reforms would abolish this rule, meaning your Will stays in place

unless you choose to update it. This should reduce uncertainty for blended families.

3. Updated mental capacity rules

The legal test for whether someone has the mental capacity to make a Will would be

modernised to align with the Mental Capacity Act. This would provide clearer

guidance in cases involving dementia or Alzheimer’s, reducing disputes.

4. Tackling undue influence

It is currently very difficult to prove that someone was pressured into making or

changing their Will. The reforms would shift the burden of proof, making it easier to

challenge suspicious Wills, and protect vulnerable people.

When Might This Happen?

The government is expected to respond to the Law Commission’s proposals in

November 2025, with new legislation possible in 2026. Until then, the current rules

still apply.

The Law Commission’s recommendations are usually accepted, and so it is

reasonable to expect most of these proposals to come into effect.

What You Should Do Now

Even though the law hasn’t changed yet, these proposals are a timely reminder of

how important it is to keep your Will up to date. Here are some practical steps you

can take right now:

• Review your current Will – especially if you’ve recently married, divorced, or

  had children.

  
  

• Think about digital wishes – would you want technology, like video or audio,

  to play a role in your Will?

  
  

• Update regularly – check your Will reflects your life as it is today, not how it

  was years ago.

  
  

• Get expert guidance – an expert can help you avoid mistakes and ensure

  your wishes are followed.

How Your Wills Team can help

At Your Wills Team, we make Will-writing simple, affordable, and stress-free. Our

qualified lawyers can guide you through the process, explain how the current rules

apply to your situation, and make sure your Will is properly drafted and legally

sound.

�� Call us on 0330 043 7544

�� Visit yourwillsteam.org.uk

�� Or book a free video consultation today