Is the Law Finally Catching Up with Modern Life? The Proposed New Wills Act Explained
- Kylie Cox
- Jun 5
- 5 min read
Updated: Jul 24
The Law Is Nearly 200 Years Old… And That’s a Problem
You wouldn’t rely on Victorian plumbing to run your home – so why are we still relying on Victorian laws to manage something as important as your Will?
Since 1837, the core legislation around Wills in England and Wales has barely changed.
That’s the same year Queen Victoria took the throne. Fast forward to 2025, and while the world has moved on – embracing smartphones, digital banking, and online communication – the legal process of making a Will is still rooted in pen, paper, and tradition. But change is finally on the horizon.
The Law Commission’s 2025 Report: A Major Turning Point
On 16 May 2025, the Law Commission published “Making a Will”, a reform report accompanied by a Draft Wills Bill. This detailed document outlines 31 recommendations to replace the Wills Act 1837. The aim?
To modernise the law, uphold people’s true intentions, and reduce costly mistakes and disputes.
Here’s a breakdown of the headline proposals and why they matter.
The Era of Electronic Wills
One of the most dramatic shifts proposed is the introduction of Electronic Wills—a concept previously confined to forward-thinking legal tech conferences.
Under the proposed changes, electronic Wills would be permitted so long as they’re created using a “reliable system”. This would need to include:
Secure electronic signatures
Tools to verify and record independent witnesses
A method to distinguish the original Will from any digital copies
Why this matters: This could make Will writing more accessible to those who are housebound, hospitalised, or living abroad. However, safeguards must be robust to prevent fraud, coercion, or mistaken identity.
In the Law Commission’s words:
“The law must support testamentary freedom. Enabling Wills to be made electronically is critical to doing so for future generations.”
Allowing 16-Year-Olds to Make a Will
Today, you must be 18 (or in the armed forces) to write a Will. But what if you’re a terminally ill teenager, or earning money through an apprenticeship or YouTube channel, and you don’t want your estate to default to your parents?
The Law Commission recommends reducing the minimum age to 16, with courts having discretion to approve Wills for younger individuals deemed capable.
This reflects the reality that young people today are often more financially independent than past generations. From digital side hustles to part-time jobs, teens deserve a say over what happens to their money if the worst were to happen.
Goodbye to Marriage and Civil Partnership Revoking Your Will
One outdated rule that continues to cause confusion (and heartbreak) is that marriage and Civil Partnership automatically revokes (i.e. cancels) an existing Will—unless it contains specific wording that it’s made “in contemplation” or "expectation" of that marriage or Civil Partnership taking place. The Law Commission proposes doing away with this automatic revocation rule.
Why? In an age of second marriages, blended families, and increasing concern around ‘predatory marriages’ (where someone marries a vulnerable individual to gain inheritance rights), this change could prevent exploitation and preserve a person’s true wishes.
It would also simplify estate planning, as couples who’ve already made a Will wouldn’t have to rewrite it just because they got married.
Fixing Mistakes and Poor Drafting: Court Powers to Rectify Wills
Right now, if your Will contains a minor error—or fails to tick a legal box like being correctly signed or witnessed—there’s often no way to fix it. Even when it’s glaringly obvious what you meant, the law may not uphold it.
The Law Commission’s proposed reforms would give courts greater discretion to:
Correct mistakes in wording, and
Validate Wills that don’t meet all formalities, where there’s strong evidence of your true intentions.
This power already exists in places like New Zealand and has been shown to work well—providing fairness without opening the floodgates to uncertainty.
But it’s important to remember: the legal test for whether your Will is valid doesn’t happen when you write it—it happens after you’ve died. That means your loved ones are left dealing with the consequences of any error or omission at the worst possible time.
Yes, there may be legal recourse if a professional drafted the Will poorly—but the stress, delay, and emotional toll on your bereft family is often significant.
That’s why getting it right the first time with experienced, empathetic advice is so important. Mistakes in your Will don’t affect you—they affect the people you love.
DIY Wills are often riddled with problems — unclear language, wrong witnesses, missing clauses, or unintended consequences. They might look like a cost-saving exercise… until they cause years of delay, legal disputes, and emotional strain for your loved ones.
Even if a court might be able to step in and put things right, the stress, uncertainty, and financial cost can be enormous.
What Happens Now?
The Government is expected to respond to the Law Commission’s proposals within the next 12 months. If adopted, this would mark the biggest transformation in Wills law in almost 200 years.
In the meantime, however, none of these changes have yet taken legal effect. That means:
You still need two independent witnesses who must be present at the same time
You must still sign a paper Will
Marriage still revokes your Will (unless you’ve planned for it)
There is no such thing as an online Will
You have to be 18 to make your Will
Toucan Law’s View: Digital Is Coming—But So Is Complexity
At Toucan Law, we welcome change—but cautiously. While electronic Wills offer convenience, there’s a real risk people may rely too heavily on tech, skip legal advice, or leave their estate open to challenges. We’ve seen firsthand how a poorly worded or invalid Will can cause heartache for families left behind.
That’s why our advice is this:
🟡 Don’t wait for the law to catch up.
🔵 Make a Will now—with proper guidance.
🟢 Review it regularly, especially when life changes.
As we move toward a future of digital Wills and even AI-assisted drafting, it's tempting to think that writing your Will could become a DIY job. But technology can never fully replace the empathy, experience, and judgement that a real professional brings to the table.
At Toucan Law, we don't just fill in forms — we listen, we ask the right questions, and we help you plan for the people and things that really matter. We make sure your Will isn't just legally valid, but personally right.
Modernising Wills shouldn’t mean sidelining professional advice. Don’t cut corners to save a few quid — the cost of getting it wrong can be far greater.
Planning Your Will in Weston-super-Mare or North Somerset?
We’re local, experienced, and here to help—whether you want a straightforward Will or need advice on complex family arrangements or trusts.
👉 Book a free, no-obligation consultation today.
📞 Call 01934 440 100
📧 Email [email protected]
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