The Wills Bill 2025 – Bringing Wills into the 21st Century?

June 9, 2025

The Wills Bill 2025 – Bringing Wills into the 21st Century?

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By Elliw Jones

On 16 May 2025, the Law Commission published its long-awaited final report on “Modernising Wills Law” which could revolutionise the law that governs Wills which largely dates back to the Wills Act 1837, nearly two centuries ago.

Our expert Wills and Probate solicitor, Elliw, has summarised the key takeaways that everyone should know following this monumental update:

Modernising the capacity test for Wills

Currently, the test to determine whether you have the mental capacity to execute a valid Will is set out, not in an Act of Parliament, but in a court case called Banks v Goodfellow. This case, like the Wills Act, dates back to the 19^th Century and states that the person making a Will, in order for it to be valid, needs to:

• understand the nature and effect of making a Will
• know the extent of their property
• appreciate the claims of those who might expect to benefit; and
• not have any disorder of the mind that could distort their judgement.

The Law Society has suggested that this current approach will be replaced in the Wills Bill 2025, by a modern test for mental capacity. This test is set out in the Mental Capacity Act 2005 and is used for other matters such as lasting powers of attorney and for decisions in relation to capacity when decided by the court (including, confusingly, questions regarding capacity – or not – of an individual to make a Will).

Lowering the age to make a Will

Currently, you must be 18 to make a valid Will. The Law Commission recommends lowering this to 16. In addition, they recommend that if a child is under 16 the Court should be able to authorise the child to make a Will.

Until or unless the law changes, if a child under 18 dies their estate passes under the rules of intestacy which would usually mean their parents would inherit their assets. As this may not be the child’s wishes, for example when they’re estranged from their parents, it seems sensible to allow the child to leave their estate to whomever they wanted.

However, it has been questioned whether a child of 16 would be mature enough to make a reasoned decision about their Will – particularly as Wills can be complicated – with the question of, for example, whether to include a trust in a Will and, if so, what kind.

Increased flexibility around Will formalities

• The current law – As it stands, the Wills Act contains a number of formalities (such as being in writing, and signed in the presence of two witnesses) that you have to strictly comply with in order for a Will to be valid. If these formalities are not followed, you will not have a valid Will.

• Proposed changes – The Law Commission suggests that a court should have the power to make valid Wills that have fallen foul of the formalities, provided there is sufficient evidence to show what was intended.

Some people do have concerns around this as the formalities are, it is argued, there for good reasons. For example, the requirement for two witnesses acts as a safeguard to ensure that the person making the Will is acting without duress and has signed the Will themselves.

Electronic Wills

The issue of electronic/digital Wills was highlighted greatly during the Covid-19 pandemic. The restrictions in place during the pandemic prevented most people from being able to execute their Wills as strictly required by the Wills Act. This was because either they lived alone and could not allow others into their home or they shared their home with people they wished to leave gifts to in their Will (see below under ‘Validity of Gifts’ – a principle which means that close family members could not act as witnesses and inherit under a Will).

During the pandemic, the law was temporarily altered so that the ‘presence’ of witnesses ‘include[d] presence by means of videoconference or other visual transmission’ but, because of subsequent significant technical advancements and increasing use of digital documents, the Law Commission recommends that the law is changed beyond the temporary measures that were in place and that electronic Wills should be valid under the new Wills Bill 2025.

There is a concern that the use of electronic Wills could lead to greater numbers of undue influence or fraud cases. However, the Law Commission has suggested that a reliable system must be used if electronic Wills are to be introduced, such as requiring that the testator and the witnesses’ electronic signatures must be verifiably linked to each of them at the time of signing.

Other proposed changes under the Wills Bill 2025

Validity of gifts

• At the moment, if you leave a gift to one of the witnesses of your Will (or to their spouse or civil partner) the gift will be invalid. This law aims to prevent potential conflicts of interest or undue influence in the Will-making process.
• Proposed changes – The Law Society recommends that this principle be extended to include a cohabitant of the witness, a person who signs the Will on behalf of the testator (for example if the testator is blind); and the spouse/civil partner or cohabitant of a person who signs the Will on behalf of the testator. In contrast, the Law Commission has recommended that in some cases, where it is reasonable and just to do so, the Court should have the power to save such gifts

Undue Influence

If someone is coerced or unduly influenced into making a Will, it is invalid. However, it is up to the person challenging the Will to prove that undue influence occurred. This can be difficult as many cases of undue influence are brought against those close to the deceased and who had significant influence over them – often to the exclusion of others.

• Proposed changes – The Law Commission recommends that in certain circumstances, the burden of providing evidence be shifted to the person defending the claim, i.e. to show that there was no undue influence. The recommendation will provide better protection for vulnerable testators.

Powers to Rectify Will

• Proposed changes – The Law Commission recommends that the Courts should have general power to rectify a deceased’s Will where the person who drafted the Will failed to understand the meaning or effect of the words used. Currently, the Courts have very limited powers to do so.

Revoking Wills on Marriage or Civil Partnership  

• At present, a Will is automatically revoked by a marriage or civil partnership (if there’s no clause stating that the Will is made in contemplation of marriage/ civil partnership). If you marry and fail to make a new Will, your estate will pass under the rules of intestacy. This can cause a lot of difficulties, especially if you have children from a previous relationship.
• Proposed changes – The Law Commission has recommended that this law be abolished, and if there are spouses who would lose out because of it, they should be sufficiently protected by other laws designed to protect their interests.

So, what next?

The report notes that “as the proposals are significant and wide ranging, they will require detailed consideration.”

Our experts will be closely monitoring the progress of the Wills Bill 2025 and will report on the Government’s response to it once this is published.

If you have any questions about any of the proposed updates mentioned above, please contact our Wills & Probate team, using the contact form or over the phone on 029 2082 9100 to see how we can help you