Will Reforms

Law Commission Calls for Major Reform of Wills Law

The law governing wills in England and Wales could be substantially modernised under recommendations published by the Law Commission.

The proposals include legally recognising electronic wills, giving courts limited powers to accept documents or recordings that do not comply with the usual formalities, modernising the test for mental capacity and improving protection against undue influence.

The Law Commission published its final report, Modernising Wills Law, on 16 May 2025, together with a draft Bill intended to replace the Wills Act 1837.

However, these proposals have not yet become law. The existing requirements for making a valid will remain in force.

Why Does Wills Law Need Reform?

Much of the law governing wills dates from the Victorian era.

Since the Wills Act 1837 was enacted, society has changed significantly. People generally live longer, estates can include valuable property and digital assets, understanding of mental capacity has developed and electronic documents have become part of everyday life.

The Law Commission concluded that the present law can sometimes prevent a person's clear wishes from being followed because strict technical requirements were not met.

Its recommendations are intended to:

• support a person's freedom to decide who inherits their estate;


• protect vulnerable people from coercion and fraud;


• make the law clearer and more accessible;


• recognise modern technology;


• reduce unnecessary disputes; and


• replace outdated Victorian legislation.

What Are the Current Rules for Making a Will?

Under the law currently in force, a will must normally:

• be made by a person aged 18 or over;


• be in writing;


• be made voluntarily;


• be made by a person with the necessary mental capacity;


• be signed by the person making the will, or by someone signing at their direction;


• be signed or acknowledged in the presence of two witnesses who are present at the same time; and


• be signed by each witness in the presence of the person making the will.

The person making the will is known as the testator.

A beneficiary, or the spouse or civil partner of a beneficiary, should not act as a witness. Although this does not normally invalidate the entire will, the gift to that beneficiary may fail.

Can a Text Message or Email Be a Valid Will?

Under the current law, an ordinary text message, email, video or voice recording will not usually constitute a valid will because it does not comply with the formal requirements of the Wills Act 1837.

Electronic communications may nevertheless provide evidence of:

• the deceased’s intentions;


• instructions given to a solicitor;


• the meaning of an existing will;


• possible undue influence;


• a promise made to another person; or


• the circumstances surrounding a disputed estate.

Evidence of a person's intentions is not currently enough by itself to turn an informal message into a valid will.

Electronic Wills

The Law Commission recommends that electronic wills should be capable of being legally valid.

An electronic will might be created, signed and stored digitally rather than printed on paper.

The recommendation does not mean that any email or message saying who should inherit would automatically become a will.

An electronic will would still need to comply with formal requirements and additional safeguards designed to ensure that it is:

• authentic;


• made by the testator;


• properly witnessed;


• protected against alteration;


• capable of being stored securely;


• accessible after death; and


• distinguishable from earlier or revoked versions.

The Law Commission recommends that detailed regulations should determine the technical requirements before electronic wills become available.

Why Are Additional Safeguards Needed?

A paper will generally contain physical signatures and can be examined for alterations. Electronic documents create different risks.

These may include:

• identity fraud;


• forged electronic signatures;


• undetected alterations;


• multiple conflicting versions;


• loss of passwords or encryption keys;


• failure of a storage provider;


• cyberattacks;


• pressure being applied remotely; and


• difficulty proving when and how the document was signed.

Any electronic system would therefore need to provide reliable evidence of the document's creation, execution and subsequent integrity.

A Court Power to Recognise Informal Wills

One of the most significant recommendations is that courts should receive a limited power to dispense with the usual formalities.

Under the current law, a document can fail as a will even where it provides strong evidence of the deceased's intentions, simply because it was not properly signed or witnessed.

The proposed dispensing power would allow a court to treat a document or record as a valid will where it was satisfied that it represented the deceased's settled testamentary intentions.

Potential evidence could include:

• an unsigned draft will;


• a letter;


• an electronic document;


• an email or text message;


• a video or audio recording;


• notes left before death; or


• instructions prepared for a solicitor.

This would not mean that every informal statement would be accepted.

The court would need to examine the evidence carefully and decide whether the deceased genuinely intended the record to operate as their will.

Why Keep Formal Requirements?

The Law Commission does not recommend abolishing the normal signing and witnessing requirements.

Formalities perform several important functions. They can:

• demonstrate that the testator intended the document to be legally binding;


• reduce the risk of fraud;


• provide evidence that the testator signed voluntarily;


• help identify the final version of the will;


• encourage careful consideration; and


• provide witnesses who may later give evidence.

The dispensing power would be reserved for exceptional cases where the testator's settled intentions were sufficiently clear.

Reducing the Minimum Age to 16

The Law Commission recommends reducing the ordinary minimum age for making a will from 18 to 16.

It argues that a young person aged 16 or 17 may have legitimate reasons to control what happens to their property and personal affairs after death.

This may be particularly important where a young person:

• has a terminal illness;


• has money, compensation or an inheritance;


• is estranged from a parent;


• wants to leave property to a partner, sibling or charity;


• wants to express funeral wishes; or


• does not want the intestacy rules to determine who inherits.

The recommendation has not yet been implemented. Most people must currently be at least 18 to make a valid will.

Modernising the Mental Capacity Test

The law currently applies two different tests relating to capacity and wills.

The traditional test for whether someone has the capacity to make their own will comes from the nineteenth-century case of Banks v Goodfellow.

Broadly, the person must understand:

• that they are making a will and its effect;


• the general extent of the property they are disposing of;


• the people who might reasonably expect to benefit; and


• how these matters relate when deciding the terms of the will.

The test also refers to a disorder or delusion of the mind affecting the testamentary decision.

A different test under the Mental Capacity Act 2005 applies when the Court of Protection considers making a statutory will for someone who lacks capacity.

The Law Commission considers this distinction confusing and recommends that the Mental Capacity Act test should apply consistently.

The Mental Capacity Act Test

Under the Mental Capacity Act, a person lacks capacity in relation to a particular decision if, because of an impairment or disturbance affecting the mind or brain, they cannot:

• understand the relevant information;


• retain that information long enough to make the decision;


• use or weigh the information when making the decision; or


• communicate the decision.

Capacity is decision-specific and time-specific. A diagnosis of dementia or another medical condition does not automatically mean that a person is unable to make a will.

The Law Commission believes that using a single modern test would improve clarity and reflect contemporary medical understanding.

Protecting People From Undue Influence

A will can be challenged if it was produced through undue influence.

However, proving undue influence is often difficult because pressure may occur privately, gradually and without independent witnesses.

The person accused of applying pressure may also have controlled the testator's contact with relatives, doctors or legal advisers.

The Law Commission recommends allowing courts to infer undue influence where the evidence gives reasonable grounds for suspicion.

Relevant circumstances might include:

• the testator being dependent on the principal beneficiary;


• the beneficiary isolating the testator from family or friends;


• a sudden and unexplained change to an established will;


• the beneficiary arranging the will and giving instructions;


• the testator being physically or mentally vulnerable;


• the exclusion of close relatives without explanation;


• the beneficiary being present during confidential discussions; or


• evidence of threats, control or financial abuse.

The proposal is intended to improve protection without making an unusual or unpopular will automatically suspicious.

Marriage and Civil Partnership

Under the current law, marriage or entry into a civil partnership will normally revoke an existing will unless the will was expressly made in contemplation of that particular marriage or civil partnership.

Many people are unaware of this rule.

It can produce unintended results because, after revocation, the estate may pass under the intestacy rules unless a new will is made.

The Law Commission recommends abolishing automatic revocation on marriage or civil partnership.

Predatory Marriage

The proposed change is partly intended to address concerns about predatory marriage.

This can arise where a person marries someone who is elderly or vulnerable with the intention of benefiting financially from their estate.

Marriage may revoke the vulnerable person's existing will. The new spouse may then inherit under the intestacy rules or acquire rights to challenge the estate.

After death, relatives may find it extremely difficult to challenge the marriage itself because a marriage cannot ordinarily be declared void solely because one spouse has died.

Abolishing automatic revocation would mean that a person's existing will continued after marriage unless they deliberately changed or revoked it.

What Happens if There Is No Valid Will?

Where a person dies without a valid will, their estate is distributed according to the intestacy rules.

The rules determine which relatives inherit and in what order.

They do not necessarily reflect the deceased's personal relationships or wishes.

In particular:

• an unmarried partner does not automatically inherit;


• stepchildren do not automatically inherit unless legally adopted;


• friends and charities receive nothing unless provision is made;


• separated spouses may still inherit unless divorced or legally excluded; and


• the estate may pass to distant relatives with whom the deceased had little contact.

Certain family members and dependants may be able to bring a claim against the estate, but this can involve delay, expense and uncertainty.

Would a Text or Email Override Intestacy?

Not under the current law merely because it clearly expresses what the deceased wanted.

A message such as "I want everything to go to my partner" will not normally override the intestacy rules unless it forms part of a properly executed will.

It may support another legal claim in limited circumstances, but that will depend on the facts and should not be treated as a substitute for making a valid will.

The proposed dispensing power would give courts greater flexibility, but it has not yet been enacted.

Digital Assets

Modern estates can include digital property and online interests such as:

• cryptocurrency;


• online investment accounts;


• digital photographs and documents;


• website domains;


• online businesses;


• social-media accounts;


• intellectual property;


• gaming assets; and


• income from online content.

A will should deal clearly with valuable digital assets and appoint suitable executors where specialist knowledge may be required.

Passwords and private keys should not normally be written directly into the will because a will may become a public document after probate.

The Law Commission’s Draft Bill

The final report is accompanied by a draft Bill for a new Wills Act.

The draft legislation is intended to replace the Wills Act 1837 with a clearer and more comprehensive modern statute.

It incorporates recommendations concerning:

• electronic wills;


• formal execution;


• the court’s dispensing power;


• testamentary capacity;


• undue influence;


• the minimum age;


• revocation by marriage;


• alteration and revocation of wills; and


• interpretation of testamentary documents.

Have the Recommendations Become Law?

No.

The Law Commission recommends reforms but cannot change the law itself.

The Government initially welcomed the report and said that it would give the recommendations detailed consideration.

In its February 2026 report on the implementation of Law Commission proposals, the Government stated that it did not intend to introduce the legislative proposals at that time because of limited parliamentary time.

It said that it would consider the issue in the future and make further announcements after completing its review.

Until Parliament passes new legislation, the Wills Act 1837 and existing case law continue to apply.

What Should People Do Now?

People should not wait for possible future reforms before making or updating a will.

Under the law currently in force:

• do not rely on a text message, email or video as a will;


• ensure the document is properly signed and witnessed;


• use independent witnesses who are not beneficiaries;


• review the will after marriage, divorce, separation, birth or death;


• obtain medical evidence where capacity could later be questioned;


• keep the original will secure;


• tell executors where it is stored; and


• obtain legal advice where the estate or family circumstances are complicated.

When Should a Solicitor Prepare the Will?

Professional advice is particularly important where:

• the estate includes a business or overseas property;


• Inheritance Tax may be payable;


• there are children from previous relationships;


• the person wishes to exclude a close relative;


• there is a vulnerable or disabled beneficiary;


• capacity may be questioned;


• there are concerns about pressure or coercion;


• the person is unmarried but lives with a partner;


• trusts are required;


• agricultural or business relief may apply; or


• an earlier will may conflict with the proposed arrangements.

Challenging a Will

Disputes may arise where someone believes that a will:

• was not properly signed or witnessed;


• was made without testamentary capacity;


• resulted from undue influence;


• was forged or fraudulent;


• was made without the testator understanding and approving its contents;


• was revoked by a later will or marriage; or


• does not make reasonable financial provision for a dependant.

Strict time limits may apply to some estate claims, and evidence can become more difficult to obtain as time passes.

A Long-Awaited Modernisation

The Law Commission's proposals recognise that a law written in 1837 does not fully reflect modern technology, family structures or medical understanding.

Electronic wills and a limited dispensing power could help courts give effect to a person's genuine wishes while maintaining safeguards against fraud and coercion.

The recommendations would also modernise the capacity test, strengthen protection against undue influence, reduce the minimum age to 16 and prevent marriage automatically revoking an existing will.

However, these remain proposals. For the time being, anyone making a will must continue to comply with the existing formal requirements.

Finding a Wills and Probate Solicitor

Use the search facility at the top of this page to find a wills and probate solicitor who can assist with preparing or updating a will, estate planning, testamentary capacity or a disputed estate.

Disclaimer

Solicitors.com is not a firm of solicitors. This article provides general information about wills law in England and Wales and does not constitute legal or tax advice. The Law Commission's recommendations have not yet been implemented, and the legal position will depend on the individual circumstances.

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