By Molly Gibson

Did you know that current Wills are still based on the Wills Act 1837? 

Wills provide a crucial role, yet the laws they are based on haven’t changed in almost 200 years. Modern Society has changed almost unrecognisably since 1837, therefore it is highly likely that these laws are outdated and require a major overhaul!

On 16 May 2025 the Law Commission published a report on “Modernising Wills Law” which set out various recommendations for reform. The report was also accompanied by a Draft Bill with proposals to replace the Act. In this article, I am going to guide you through some of these changes that the Law Commission have proposed:  

Firstly, the introduction of Electronic Wills, with recognition that there would have to be a “reliable system”. The Law Commission has said: “The law must support testamentary freedom. Enabling Wills to be made electronically is critical to doing so for future generations.” Electronic Wills would still follow the standard requirements of having a signature of the testator and to also be signed by independent witnesses. The “reliable system” would therefore need to find a way to ensure this signature is identifiable as that of the testator and as with a paper Will, it would need to find a way to identify the original document from any copies. Electronic Wills are bound to lead to contentious issues such as fraud and undue influence, however in a world where technology is such a huge part of our lives, it seems only right that the law adapts to reflect the times.

Another major change is decreasing the current age requirement for making a valid Will. Currently, the law requires a person to be a minimum of 18 years old to be able to make a valid Will. The Law Commission has proposed reducing this age to 16, with an additional power for the courts to be able to authorise under 15-year-olds to make a valid Will, where they deemed the young person “competent”. This could be of benefit to those under 15 years old with terminal illnesses and those in perhaps difficult family situations who may prefer their assets/money not to go to their parents. Many teenagers are in employment ranging from part-time jobs outside of school hours, to full-time apprenticeships. These teenagers therefore are earning their own money, so it seems only fair that they can choose who they leave it to.

Currently, when a couple get married or enter a civil partnership this automatically revokes both of their Wills, unless the Will contains a specific contemplation of marriage clause (which confirms that upon your intended marriage to your named partner you would like your Will to remain valid). The Law Commission proposes to change this so that marriage does not automatically revoke a Will. There has been a lot of publicity around “Predatory Marriages” which is where someone marries a vulnerable elderly person for the purpose of revoking their Will, to be able to gain from their estate. This proposal would not only protect against Predatory Marriage ensuring the Will follows the actual wishes of the deceased but save against people having to change their Will upon marriage, where they would otherwise not have changed it.

Under the new proposals the courts would also have more powers to rectify a Will. Currently, where a Will contains poor drafting and the wording does not accurately reflect the intentions it is difficult to fix this, however the proposal would give the courts greater powers to solve these issues. The courts would also have the power to fix a Will where it does not meet the formalities for a Will, as long as it is clear what the testator’s actual intention was. This power is already successful in some other countries, for example in New Zealand.

The Law Commission Report is 500 pages, containing 31 proposals, we have featured just a few of these. The full report represents a much needed and long-overdue step towards modernising the law on Wills and can be found at https://lawcom.gov.uk/publication/modernising-wills-final-report/.  These changes have the potential to increase access to Will-making, uphold testamentary freedom and offer better protection for vulnerable individuals.

We should expect to see a response from the Government on this report within the next 12 months, and there appears to be a good chance of the proposals being taken forward. We shall write with an update and with further comments on the report, as developments unfold.

Law firms, such as Pardoes Solicitors, provide a valuable role in guiding clients through the nuances of estate planning, spotting potential issues and ensuring their wishes are clearly and legally expressed. As the law evolves, so too must the profession by embracing digital tools, while continuing to champion the importance of professional advice and client care.