After almost two centuries of loyal service, the Wills Act 1837 is finally due for a retirement party. And not a moment too soon. The Law Commission has recently published its final report—Modernising Wills Law—along with a draft Bill released on 16 May 2025, outlining proposals that aim to drag Wills legislation out of the Victorian era and into the 21st century.
With the shift from quills to clicks and Victorian traditions to virtual innovations, the future of will-making is looking a lot more modern. So, what’s changing, and why should we care?
A Victorian Law in a Digital World
Let’s start with the obvious: the Wills Act 1837 is older than the invention of the telephone, antibiotics, and the concept of binge-watching. Until now, there’s been no major overhaul for nearly 200 years—an impressive run, but also a slightly terrifying one, given how much the world has changed.
Homes are now worth millions, people are living longer, and the tech boom has fundamentally reshaped how we communicate, store information, and yes, even die. The pandemic only fast-tracked this digital shift, showing how crucial it is to be able to witness documents remotely and securely.
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Electronic Wills: Welcome to the Future
The Law Commission is proposing to legalise Electronic Wills. That’s right: for the first time, Wills may no longer need to exist on paper. The pandemic made it clear that remote witnessing has its perks, but if we’re going digital, we’ll need a rock-solid, tamper-proof system—because no one wants their final wishes edited like a shared Google Doc.
Undoing Undue Influence
The report also addresses Undue Influence, which is the legal term for what happens when someone pressures dear old Aunt Margaret into leaving them everything, including the cat. Courts would now be able to infer Undue Influence where there are reasonable grounds to suspect it, finally recognising that such coercion often happens behind closed doors, without a signed confession and a villainous moustache twirl.
This could offer better protection for vulnerable people, though it’s also likely to increase disputes and litigation. On the plus side, it might make for some juicy courtroom drama. On the downside, it could lead to costly and distressing battles.
Predatory Marriages and the End of Automatic Revocation
Let’s talk about a charmingly sinister concept—predatory marriages. These involve individuals who swoop in late in life (sometimes disguised as carers or “companions”) to marry someone and get a front-row seat to the inheritance party.
Currently, marriage automatically revokes a Will. The Law Commission says, maybe let’s not do that anymore. The idea is to prevent unintended disinheritance and protect elderly individuals from being manipulated into marriage for financial gain. Sensible? We think so.
This is especially relevant post-pandemic, when reduced contact with family left many older people more vulnerable. Without a valid Will, estates fall into intestacy, leading to messy disputes and courtroom battles—often between children and carers—with plenty of distress to go around. The proposed change aims for a fairer balance between potential beneficiaries, while ensuring vulnerable individuals remain protected under the Inheritance (Provision for Family and Dependants) Act 1975.
The Age of Testamentary Capacity: Lowering the Bar (Literally)
At present, unless you’re in the military or married, you must be 18 to make a valid Will. But what if a terminally ill 16-year-old, who may already have the legal right to consent to medical treatment, doesn’t want an absentee parent controlling their estate or decisions about their body after death? In today’s world, where teenagers can leave school, work full-time, or even enlist in the armed forces at 16, it seems reasonable that they should have the autonomy to make decisions about their own Will in exceptional circumstances.
The proposal is to lower the minimum age to 16 for making a valid Will, offering dignity and control to young individuals facing unique challenges. This change would not only reflect the growing independence of teenagers but it also acknowledges the increasingly complex nature of family dynamics and modern life, where young people may have valid reasons to make such important decisions earlier than the current law allows.
Bye-Bye Banks v Goodfellow
Currently, mental capacity is assessed using a test from a case decided in 1870. Unsurprisingly, that may not reflect modern understanding of neurodiversity and mental illness. The Commission recommends using the Mental Capacity Act 2005 instead. It’s clearer, more consistent, and frankly, more modern than quoting Victorian case law at grieving families.
Dispensing with Formalities
Here’s where things take an intriguing turn—and possibly give a few lawyers heart palpitations. The Law Commission recommends that courts should have the power to approve a Will even if it doesn’t tick all the usual legal boxes, as long as it genuinely reflects what the deceased wanted.
This proposed flexibility could be a lifeline in exceptional cases, but it opens the door to uncertainty—and, inevitably, more litigation. The court would need to be confident that the person’s intentions were clearly expressed, genuinely held, and most importantly, remained consistent right up until their death. It’s a big shift from the rigid formality of the current rules, and while it may help uphold true wishes, it could also fuel disputes over what those wishes actually were.
A Word on Professional Advice
Modernising the law is great, but let’s not forget: making a Will isn’t a DIY job. With more flexibility comes more risk. Poorly drafted or misunderstood Wills can lead to tax disasters, unintended disinheritance, and drawn-out court cases. And let’s face it—those unregulated Will writers won’t be around to pick up the pieces when everything goes wrong.
If you’re making significant lifetime gifts or want to ensure your estate is structured properly, get professional advice. We can help make sure your wishes are not only legally binding but tax-savvy too.
What’s Next?
These are just proposals—draft legislation only—and we’re now in the phase where the Government will mull over the recommendations. A full response is expected within the next 12 months. Until then, it’s a waiting game.
But if implemented, this could be one of the biggest shifts in private client law in generations. As always, we’ll be keeping a close eye on developments—and keeping our clients up to date every step of the way.
Need Advice on Updating Your Will or Planning Your Estate in Light of These Changes?
If you’re wondering how these changes might affect your Will or estate planning, our Private Client team at Lewis Nedas is here to help. We make sure you’re fully informed and equipped to make the right decisions for your future—no quills necessary.
Our Private Client team can assist with:
- Choosing Executors and Guardians
- Setting Up Trusts for Loved Ones
- Reducing Inheritance Tax
- Protecting Your Digital Assets
- Ensuring Charitable Gifts are Valid
- Expert Estate Planning Advice
- Free Will Storage for Peace of Mind
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Disclaimer:
This blog is for general information and interest only. It does not provide legal advice and should not be relied upon as such. If you’d like tailored legal guidance, please contact us directly.