The current law on wills dates back to the Wills Act 1837, and in today’s world of digital communication, longer life expectancy, and increasingly complex family structures, these long-standing rules can feel a bit out of step.
The new Wills Bill, published in May 2025, aims to make will-making easier, safer, and more reflective of modern life—while still protecting people from fraud and undue influence.
Below are some of the key proposals and what they could mean for you, your family and your estate planning.
What are the key changes in the Will Bill?
1. Digital wills
One of the most exciting changes is the legal recognition of electronic wills. Under the new rules, you will be able to create and sign your will electronically, as long as certain safeguards are in place.
This could benefit people who are housebound, live abroad, or simply prefer the convenience of digital tools. It also means your will can be stored securely online, making it easier for your loved ones to find when the time comes.
Of course, it is still important to get professional advice and ensure your will is properly drafted. But the process will become a lot more user-friendly.
2. Court “dispensing power”
Under current law, if your will doesn’t meet every technical formality—if, for example, it’s not signed in the right place or one of your witnesses forgets to sign—it could be declared invalid. A harsh outcome, especially if your wishes were clear.
The new Bill introduces a “dispensing power” to allow courts to recognise a will even if it doesn’t meet all the formal requirements, as long as there’s strong evidence it represents your true intentions.
This is a welcome safety net, meaning that small mistakes won’t necessarily undo your entire estate plan. However, it is still best to get it right the first time and seek legal advice.
3. Minimum age to make a will reduced to 16
Currently, you have to be 18 to make a will (unless you’re in the armed forces). The Wills Bill lowers the age to 16, giving young people more control over their affairs—especially important for those with significant assets or health concerns.
While most 16-year-olds won’t be rushing to write a will, this change gives peace of mind to families dealing with serious illness or inheritance at a young age.
4. Marriage or civil partnership would not automatically revoke your will
Under the current law, getting married or entering a civil partnership automatically cancels any existing will you have—unless you specifically say otherwise. This catches many people off guard and can lead to unintended consequences.
The reform would abolish automatic revocation, and your will would remain valid after marriage unless you choose to change it. This is a sensible update that reflects modern relationships and addresses risks around “predatory marriages.”
It is sensible to review your will after any major life event—marriage, divorce, children, or a change in your financial situation.
5. Stronger protection against undue influence
Making a will should always be your decision. Sadly, there are cases where people are pressured or manipulated into changing their will—often by someone close to them.
The new Bill makes it easier for courts to challenge a will if there’s evidence of undue influence. Courts will be able to infer that a will was made under pressure if there are reasonable grounds to suspect it.
This is a big step forward in protecting vulnerable people. It also means that professionals—such as solicitors and will-writers—will need to be extra careful in documenting that a will was made freely and independently.
6. Simplified mental capacity test
The reform simplifies the test to determine whether someone has the mental capacity to make or alter a will.
In the Wills Bill the historic Banks v Goodfellow approach is replaced by the Mental Capacity Act 2005 test. This modern, well-understood standard will make it easier to assess capacity and reduce the risk of legal challenges.
What does this mean for your estate planning?
The proposed changes should make it easier to create a valid will, reduce the risk of technical errors, and offer better protection for your wishes.
But they also mean it’s time to take a fresh look at your estate plan or make a plan if you don’t already have one, particularly if your circumstances have changed. You should look to review your will now rather than waiting for the reform to ensure it reflects your wishes clearly and protects your intentions.
Like any legal change, it is important to understand what it means for you, while taking into account other factors, including your tax position and lifetime arrangements such as pension, protection, trusts and gifting strategy, ensuring they support the outcomes you want for you and your family. This is even more prudent in light of upcoming changes that will limit the scope of Inheritance Tax relief on business assets – as you may now need to specify how any liability will be paid and by who.
Welcome change
The Wills Bill is a welcome and long-overdue update and, while it hasn’t yet been enacted, it will bring the process into the digital age, make it easier to express your wishes, and offer better protection for you and your loved ones.
If you are currently making or updating your will, you still need to follow existing law and formalities. Your solicitor can help with this.
Armstrong Watson’s tax and financial planners can assist with estate planning. If you would like support in this area, please can in touch. Call 0808 144 5575 or email help@armstrongwatson.co.uk.
