The draft Wills Bill 2025 has the potential to introduce the most significant reforms to wills law in England and Wales since the nineteenth century. Drawing on the Law Commission’s final report on modernising wills law, the proposals aim to bring the legal framework, dating back to the Wills Act 1837, into line with contemporary society, digital technology, and the need for stronger safeguards for vulnerable individuals.

If enacted, the Bill would overhaul a system that has remained largely static for nearly 200 years. Existing legislation was developed in an era when communication and record-keeping depended almost entirely on physical documents and face-to-face interactions. In contrast, modern life is increasingly digital, mobile, and complex, prompting growing calls for the law to reflect how people now manage their personal and financial affairs.

Among the most prominent proposals are the formal recognition of electronic wills and the use of remote witnessing. 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.”

Advocates of reform note that temporary measures introduced during the COVID-19 pandemic allowed wills to be witnessed remotely, demonstrating that technology can support testamentary intentions without undermining legal protections. Making these changes permanent could improve access for individuals who are unable to travel or arrange in-person meetings, while aligning the law with an increasingly digital society.

The Bill also proposes reducing the minimum age for making a will from 18 to 16. This would enable younger people, including those in civil partnerships, to formally record their wishes at an earlier stage of 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 adjustment reflects the reality that many 16- and 17-year-olds now have assets, responsibilities, or dependants, and may benefit from greater autonomy over their estate planning.

Another key reform would remove the automatic revocation of a will upon marriage or civil partnership. Under the proposed legislation, a will would remain valid unless intentionally amended. This change aims to reinforce testamentary freedom and reduce the risk of unintended consequences, such as accidental disinheritance resulting from outdated legal rules.

The Bill would also give courts wider discretion to recognise informal wills where there is clear evidence of the testator’s intentions. Judges would assess each case individually, taking into account testamentary capacity under the Mental Capacity Act 2005 alongside existing protections designed to prevent abuse.

 “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.”

Although still at the draft stage, the Wills Bill 2025 represents a potentially transformative moment for wills law. Legal and insurance professionals will be monitoring its progress closely, aware that its provisions could shape how wills are created, stored, and challenged for generations.

For additional context, visit LawSure.