The Wills Bill 2025: Proposed Changes to UK Wills Law – What to Know

For almost 200 years, the law governing wills in England and Wales has been anchored by the Wills Act 1837. While the law has been tweaked here and there, the core framework has remained largely the same, despite seismic changes in how we live, work, and manage our affairs.

The Wills Bill 2025, currently a draft Bill, could mark the most substantial overhaul since the 19th century. Drawing on recommendations from the Law Commission, which published its final report on modernising wills law, the proposals are designed to bring the process up to date with both technology and modern social realities.

It’s still some way from becoming law, but it’s a development worth following closely. If approved, the Bill would introduce reforms that touch on everything from testamentary capacity to how we handle civil partnerships, and from the prevention of financial abuse to preserving testamentary freedom.

The Key Proposals at a Glance

1. Welcoming the Digital Age

One of the most talked-about proposals is the formal recognition of electronic wills and remote witnessing. This is about creating a legal framework that can still safeguard against undue influence and fraud in a digital environment. For individuals with mobility issues or those living abroad, this could be a significant step forward.

2. Lowering the Minimum Age

The Bill suggests reducing the minimum age for making a will from 18 to 16. That’s a big shift – and one that could benefit younger people who already hold assets, have dependents, or are in civil partnerships. It would also ensure that their wishes are recorded and legally recognised earlier in life.

3. No More Automatic Revocation by Marriage

Under current law, marriage or entering into a civil partnership automatically cancels an existing will, unless that will was made in contemplation of it. The proposed new Wills Act would remove this rule, allowing a person’s instructions to stand unless they choose to make changes. This would strengthen testamentary freedom and prevent unintended consequences when life events occur.

4. Courts Given More Discretion

Perhaps the most flexible of the proposals is allowing courts to recognise informal wills if there are reasonable grounds to believe they reflect the testator’s wishes. This assessment would be made on a case by case basis, with consideration given to the individual’s testamentary capacity under the Mental Capacity Act 2005 and the broader Mental Capacity Act framework. This could help prevent disputes where the intention is clear but strict formalities were not followed.

What Might This Mean in Practice?

If these reforms are passed, the day-to-day impact could be felt in a number of ways:

• Greater accessibility for people who find it difficult to sign and witness documents in person.
• Stronger protections for those at risk of financial abuse or undue influence, even in digital settings.
• Fewer disputes over wills where intentions are clear but paperwork is imperfect.

It’s also worth remembering that the proposals don’t operate in isolation – they’re part of a broader conversation about how the law should respond to changing family structures, advances in technology, and updated medical understanding of capacity.

Looking Ahead

For now, the Wills Bill 2025 is still a draft Bill. If it becomes law, it will be the most far-reaching reform of wills in living memory. Until then, professionals in both the legal and insurance sectors will be watching carefully – not least because any changes to how wills are made, challenged, or upheld can influence risk assessment and client advice.

At LawSure Insurance, we’ll continue to follow the Bill’s progress and share clear, timely updates so our clients can be prepared for whatever the final legislation brings.