Wills reform 2025
15 October 2025 | posted in Commercial law Corporate and business law Dispute resolution Employee share schemes Employment law Family law Immigration law Media and entertainment law Music law Private client law Property law
The Law Commission has published its long-awaited final report on modernising the law on wills. This review, which began with consultations in 2017 and 2023, proposes changes which could have a significant impact on how people write, store and update their wills.
Electronic wills: a step into the digital age
One of the most frequently discussed changes is the possible introduction of electronic wills. This would allow people to make and sign their wills online using secure digital platforms.
During the Coronavirus pandemic, many legal processes moved online, which helped build support for digital wills. Experts believe this could make will-writing more accessible, especially for those who find it hard to attend in-person appointments.
The report raises some pertinent concerns about the introduction of electronic wills. Are digital wills secure enough? Will they still be accessible decades later? How does someone revoke a digital will if they change their mind? Any new law must address these questions.
Marriage and wills: protecting the vulnerable
Currently, getting married or entering a civil partnership automatically revokes a person’s existing will. This rule was originally meant to protect spouses. However, it can cause problems, especially in cases of predatory marriages, where vulnerable people are coerced into marriage, unintentionally revoking their previous wills.
The tragic case of Joan Blass, a 91-year-old woman with dementia, brought national attention to this issue. Her daughter, Daphne Franks, only discovered after Joan’s death that she had been secretly married to a much younger man.
Because marriage automatically revokes a will, Joan’s new husband inherited most of her estate and took control of her funeral, despite her existing will stating otherwise. Franks believes her mother never understood she was married.
This case highlights a serious flaw in the law. If Joan’s marriage had not resulted in the revocation of her will, her original wishes could have been upheld. Campaigners are now calling for reform to better protect vulnerable individuals.
The Law Commission is considering whether this rule should change. While it may not be abolished entirely, there could be new protections introduced to stop abuse, such as making certain marriages void if they were entered into under coercion.
Balancing modernisation with protection
Many legal professionals agree that the current laws relating to wills, some of which date back to 1837, are outdated. However, they also stress that any changes must include strong safeguards. Making wills easier to create should not be at the cost of increased fraud or reduced legal advice.
Children’s wills
A key reform in the new legislation is reducing the minimum age to make a valid will from 18 to 16. In special cases, courts may also allow children under 16 to make a will, if they are judged capable of understanding what it means.
This change gives greater flexibility and protection to young people, ensuring their wishes can be legally recognised when it matters most.
Government review
The Law Commission has also published a draft bill alongside its report. The government is now reviewing the recommendations and will decide whether to turn them into law.
In the meantime, legal professionals and the public alike are watching closely. These reforms could make will-making simpler, safer and relevant to modern life, but only if implemented with care.
Help from the experts
If you need any advice on will-making, please contact one of our will experts.
