Big Changes Proposed for Wills: What You Need to Know from the Law Commission’s Latest Report
On 16th May 2025, the Law Commission published an important report called Modernising Wills Law. This report suggests major updates to the current laws around Wills, many of which date all the way back to 1837. The aim is to make Will-making more modern, flexible, and better suited to people’s needs today – especially as technology and society continue to change.
Here at ELM Legal Services, we understand that writing a Will can sometimes feel confusing or overwhelming. That’s why we’ve broken down the key points from the Law Commission’s report in a way that’s easy to understand, so you can stay informed and feel confident about your estate planning.
1. Electronic Wills Could Soon Be Legal
One of the most talked-about changes is the proposal to allow electronic Wills. That means a Will could be written, signed, and stored entirely online, as long as it meets certain security and authenticity checks.
This would be a big step forward towards making a Will more accessible and convenient – especially for people who are housebound, live abroad, or prefer digital solutions. However, the Law Commission is clear that safeguards must be in place to prevent fraud or abuse.
At ELM Legal Services, we already keep a close eye on digital developments and would be ready to help clients navigate this change when and if it becomes law.
2. Courts Could Be Allowed to Accept Informal Wills
Right now, for a Will to be valid, it has to meet strict legal rules – for example, being written down and signed in front of two witnesses. But life doesn’t always go according to plan.
The Law Commission is recommending that judges be given more flexibility, through something called dispensing powers. This means that if someone’s Will isn’t done in the correct format, but it’s still clear what they wanted, the court could decide to accept it. This could include things like typed notes, emails, or even voice recordings, as long as there is strong evidence of the person’s true intentions.
3. Lowering the Age to Make a Will from 18 to 16
Currently, you have to be 18 to make a legally valid Will in England and Wales. The Law Commission suggests reducing this to age 16.
This could be especially helpful for young people with serious health conditions or those in the armed forces who want to get their affairs in order early. It’s a recognition that many young people are mature enough to make important decisions about their belongings and loved ones.
4. Marriage Shouldn’t Cancel a Will Automatically
Under current law, getting married cancels any Will you’ve made before – unless the Will clearly says otherwise. This rule has caused problems, especially in situations where vulnerable people have been taken advantage of, sometimes referred to as predatory marriages.
The Law Commission wants to change this rule so that marriage no longer automatically cancels a Will. This would help protect people from being unintentionally disinherited.
However, even if the law changes, it will still be important to update your Will to reflect new life circumstances, such as marriage, divorce, or the birth of children, to ensure your wishes are carried out properly.
5. Updating How Mental Capacity Is Assessed
To write a valid Will, you must have testamentary capacity – basically, you must understand what you’re doing and the effect your Will could have. At the moment, the test for this is based on an old court case from the 1800s.
The Commission recommends using the Mental Capacity Act 2005 instead, which is already used in lots of other legal areas. This would make things clearer and more consistent for both legal professionals and clients.
6. Stronger Protections Against Undue Influence
The report also tackles the issue of undue influence – where someone pressures or manipulates another person into changing their Will. This can be very difficult to prove under current law.
The Law Commission suggests changing the rules so that, in certain situations, the courts can assume there was undue influence unless the person benefiting from the Will can prove otherwise. This would offer extra protection for elderly or vulnerable people.
7. No Gifts for Witnesses – Including People They Live With
Under current law, anyone who signs a Will as a witness cannot benefit from that Will. This rule also applies to the witness’s spouse or civil partner. The Law Commission recommends going one step further.
The proposed change would mean that anyone who lives with a person who witnesses a Will would also be barred from receiving gifts under that Will. This aims to further reduce the risk of undue influence or conflicts of interest, especially in households where family or carers may be closely involved in the Will-making process.
This extension of the rule is designed to protect vulnerable individuals and ensure that the Will reflects the testator’s true intentions, free from outside pressure or the appearance of it.
What This Means for You
These proposals are not law yet, but they show the direction the government might take in the near future. If they do become law, they could make writing a Will more flexible, fairer, and better suited to modern life.
At ELM Legal Services, we’ll be keeping a close eye on how these recommendations progress. In the meantime, we’re here to help you make sure your Will is valid, secure, and reflects your wishes – no matter what changes come.
If you’d like to speak to one of our expert advisors or update your existing Will, don’t hesitate to get in touch.
Get in Touch Today
If you’d like to speak to one of our expert advisors about making or updating a Will, you can get in touch via our contact form, or by calling us on 0117 952 0698.
