The Wills Bill 2025 signals a major shift in how we prepare for the future. Proposed by the Law Commission, the Bill seeks to update and simplify the process of making a Will in England and Wales. It aims to reflect modern life while still safeguarding individuals’ wishes.
What’s Changing?
Electronic Wills
One of the most significant proposals is the introduction of legally recognised electronic Wills. This would allow individuals to create, sign and store their Will digitally, offering far greater convenience and flexibility. Stringent checks and systems would be required to prevent fraud and ensure authenticity, but the change would mark a major step forward in making Will-making more accessible.
Marriage No Longer Revokes a Will
Under current law, getting married or entering into a civil partnership automatically revokes an existing Will unless it was made in contemplation of that marriage. The new Bill proposes to remove this rule. This will help to avoid situations where people unknowingly die intestate and reduce the risk of financial abuse in so-called “predatory marriages”.
Lowering the Minimum Age to 16
At present, you must be 18 or over to make a legally valid Will. The Wills Bill proposes reducing this to age 16. This change acknowledges that young people, particularly those with assets or dependants, may wish to plan ahead earlier in life.
Informal Wills May Be Accepted by Courts
Currently, a Will must meet strict formalities to be valid, regardless of how clear someone’s intentions are. The proposed reforms would give courts the power to recognise informal Wills where strong evidence shows what the individual truly wanted. This would offer a safety net for those who might otherwise fall through the cracks.
New Rules on Mental Capacity
The traditional test for whether someone has the mental capacity to make a Will is set to be replaced with a more modern framework aligned with the Mental Capacity Act 2005. This would offer a clearer, medically informed approach to decision-making ability, especially useful where a person’s capacity might fluctuate.
Better Protection from Undue Influence
Challenging a Will on the grounds of coercion or manipulation is currently very difficult. The new Bill proposes a more balanced approach, where courts could infer undue influence if there is enough reasonable evidence. This would help to protect vulnerable people from being taken advantage of.
What This Means for You
These changes are designed to make Will-writing easier, more flexible and more reflective of real-life circumstances. If you haven’t yet made a Will, the reforms will offer you new ways to get your affairs in order, potentially even online. And if you already have a Will in place, it is worth reviewing it to ensure it still reflects your wishes, particularly if you have recently married or your circumstances have changed.
While the Bill is still working its way through the legislative process, it gives a clear view of where things are heading. Planning ahead now, with advice from legal professionals, will help make sure your wishes are upheld, whatever changes the law may bring.
For guidance on Wills and estate planning, contact APT Legal:
Phone: 07771 868235
Email: en*******@**********co.uk
