Modernising the Wills Act: Draft Wills Bill 2025 Proposes Biggest Update in Nearly 200 Years

The Wills Bill 2025, currently a draft Bill, could bring the biggest changes to the law governing wills in England and Wales since the Wills Act 1837. The reforms, based on the Law Commission’s recommendations outlined in its final report on modernising wills law, aim to update the process to reflect modern life, advances in technology, and better protection for vulnerable individuals.

These changes, if passed, would represent a major shake‑up of a legal framework that has remained largely unchanged for almost two centuries. The current rules stem from a time when communication, record‑keeping, and witnessing all relied on in‑person, paper‑based procedures. Society and technology have moved on significantly, and there has been growing recognition that the law needs to evolve to keep pace with how people now live, work, and manage their affairs.

Electronic wills and remote witnessing are among the headline proposals. Commenting on this move, Dan Brown, Divisional Director at Lawsure Insurance, said:

“By recognising electronic wills and remote witnessing, the law is finally catching up with the realities of how people live and work today. This in turn could make the process more accessible and secure for everyone.”

Supporters of this proposal point out that during the COVID-19 pandemic, temporary measures allowed for remote witnessing of wills, proving that technology could be used effectively to preserve testamentary intentions without compromising legal safeguards. A permanent shift in this direction would cater to an increasingly digital world, particularly benefitting those unable to travel or meet witnesses in person.

Another proposed change is lowering the minimum age to make a will from 18 to 16, giving younger individuals (including those in civil partnerships) the opportunity to set out their wishes earlier in life.

“This change could better protect vulnerable individuals from exploitation,” Dan Brown noted. “It ensures their wishes are recorded, which is a fundamental principle of both good law and good insurance practice.”

This reform recognises that many 16‑ and 17‑year‑olds today have financial responsibilities, assets, or dependants, and that providing them with the ability to make a will could give greater control over their affairs.

The proposed Wills Bill would also abolish automatic revocation upon marriage or civil partnership, a rule that often catches people out. Under the proposed new Wills Act, existing wills would remain valid unless deliberately changed, strengthening testamentary freedom. This could prevent accidental disinheritance and the distress that can follow when an outdated rule voids a valid will without the testator’s knowledge.

Perhaps most significantly for dispute prevention, courts would be given discretion to validate informal wills where 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 of testamentary capacity under the Mental Capacity Act 2005 and protections set out in the broader Mental Capacity Act.

“The ability for courts to uphold a will where intentions are clear reduces the risk of costly disputes,” Dan explained. “It can also help protect against undue influence and financial abuse.”

While the Bill remains at the proposal stage, the reforms could mark the most far‑reaching update to wills law in generations. The insurance and legal sectors are expected to follow its progress closely, aware that the proposed changes could influence how wills are written, stored, and challenged for decades to come.

You can check out more information at https://www.lawsureinsurance.co.uk/proposed-wills-bill-2025/.