Writing a Will is one of the most important legal decisions you can make. It protects your loved ones, gives you control over how your Estate is divided, and ensures your wishes are respected. Yet the law governing Wills in England and Wales (the Wills Act 1837) is nearly two centuries old and was drafted before the digital age, modern family structures and the complexities of today’s Estates.
Now, long-awaited reform is on the horizon. The Wills Bill 2025 aims to modernise this outdated legislation, reflecting how people live, work, and manage assets today. The proposed changes would make the process of making a Will more flexible, accessible and fair, while strengthening protections against abuse or coercion.
In this article, we’ll explain what the Wills Bill 2025 proposes, when it could come into force, and why professional legal advice is essential when creating or updating your Will.
What does the Wills Bill 2025 aim to change?
The Wills Bill 2025 proposes several significant reforms designed to modernise Will-making and reduce disputes.
Lowering the age requirement to make a Will
Currently, you must be 18 or over to make a valid Will. The Wills Bill 2025 would lower this to 16, recognising that younger people increasingly have financial and digital assets of value. It also reflects greater autonomy for younger people and ensures their wishes can be formally recorded.
Flexibility around witnessing
At present, Wills must be signed in the presence of two independent witnesses, who sign in each other’s presence. Under the new proposals, courts would have more power to validate Wills that don’t meet every technical requirement, as long as there’s clear evidence of the person’s intentions. This reform would prevent genuine Wills from being invalidated due to minor procedural errors.
Electronic Wills
One of the most forward-looking changes in the Wills Bill 2025 is the introduction of electronic Wills. This would allow Wills to be created, signed, and witnessed digitally, including via video link, under strict safeguards. It’s a major step towards modernising the Will-making process, making it easier for people with mobility issues or those living abroad to formalise their wishes securely.
Undue influence
The current law requires strong evidence to prove undue influence. The proposed reform would make it easier for courts to intervene where there’s a credible suspicion of coercion or manipulation. This change aims to protect elderly or vulnerable individuals from making or changing their Will against their true wishes.
Marriage or civil partnership
Under the Wills Act 1837, getting married or entering a civil partnership automatically revokes an existing Will, unless it was made “in contemplation” of that marriage. The Wills Bill 2025 would remove this automatic revocation, preventing unintended loss of a valid Will and giving individuals more control over their Estate planning.
Mental capacity criteria
The test for whether someone has the mental capacity to make a Will currently comes from the 1870 court case of Banks v Goodfellow. The Wills Bill 2025 would replace this with the Mental Capacity Act 2005 standard, aligning Will-making with modern capacity law. This would provide greater clarity for professionals and protect people whose capacity may fluctuate due to illness or disability.
Rectification
If a Will contains a drafting error that doesn’t reflect the person’s true intentions, courts currently have limited power to fix it. The Wills Bill 2025 proposes allowing courts to rectify Wills more easily where mistakes are proven, which is a crucial safeguard against human or administrative error.
Restrictions on gifts
This reform would also introduce tighter restrictions on gifts to witnesses or people involved in drafting the Will. This is intended to reduce conflicts of interest and protect testators from undue influence, particularly in cases where vulnerable individuals rely heavily on carers or advisors.
When could the Wills Bill 2025 become law?
The Wills Bill 2025 is currently at the draft stage, following the Law Commission’s report published in May 2025. It will need to be debated, possibly amended, and approved by Parliament before becoming law.
While there’s no fixed implementation date yet, it’s likely to be introduced in stages once passed. Anyone currently preparing or reviewing their Will should continue to follow the existing law under the Wills Act 1837, but be aware that the new rules may soon make Will-making more flexible and accessible.
Why professional legal advice matters
Although the Wills Bill 2025 aims to simplify the process, writing a valid Will remains a complex area of law. From questions about capacity to disputes over inheritance, even small errors can lead to serious problems later.
A specialist Will Writing Solicitor ensures your Will is legally sound, clearly worded, and fully compliant, whether under the current rules, or after the new reforms. They can also advise on safeguarding against undue influence, structuring your Estate, and ensuring all assets and accounts are covered.
Conclusion
The WIlls Bill 2025 represents the largest proposed changes to Will-writing in nearly two centuries. It aims to make the process more flexible, introduce electronic Wills, protect vulnerable people, and ensure modern family structures are better reflected in law.
At Eric Robinson Solicitors, we’ve been helping clients write clear and effective Wills for generations. Our experienced team can guide you through the current law, and help you plan for upcoming reforms.
Contact your nearest Eric Robinson Solicitors office today for expert advice or to arrange your professional consultation. We have solicitor offices in:
