Changes to the Will Laws 2025

The Law Commission has released a report reporting essential changes in order to modernise the Wills law and promote testamentary freedom in England and Wales

In light of modern societal changes the Commission asserts that reform is crucial.

Below are a number of changes that could come into effect and drastically change the legal profession, these changes are designed to enhance testamentary freedom, protect the vulnerable and bring Will laws into the digital age: 

• Age limit of making Wills – the age of testamentary capacity is lowered to age 16, with Family Court Provisions for those under 16 in exceptional circumstances.
• Revocation of Wills – Marriage or Civil Partnership to no longer revoke a Will, closing the door on predatory marriages whereby individuals marry solely for inheritance benefits.
• Electronic Wills – Embrace technology with legally recognised electronic Wills, which in turn would enable remote execution and enhanced digital security provided there was a reliable, tamper-proof system to ensure the documents security.  
• Mutual Wills – Codifies mutual Wills, bringing clarity and enforceability to share testamentary intentions with regards how two people wish their assets to be distributed after they both pass away.
• Undue influence and knowledge and approval – new statutory provisions in order to make it easier to identify and challenge undue influence, protecting the true intentions of the testator.
• Testamentary Capacity – adopts the Mental Capacity Act 2005 as the legal test, providing better protection and clearer standards for vulnerable testators. 

The above changes would enhance the testamentary freedom, protect the vulnerable and bring Will law into the digital age. 

The Commission is publishing draft legislation but it will be for ministers to decide what, if anything goes to parliament and when. Any changes would apply only to England and Wales, Scotland and Northern Ireland have different Laws. 

Our Private Client Team can assist with any queries you may have in relation to making a Will. Call us on 033 03001103to speak to a member of our team or request a call back here.