The Wills Bill: What it could mean for you

The law governing wills in England and Wales dates back to 1837. While it has served its purpose for generations, modern life- with digital communication, longer life expectancy, and more complex family structures - has highlighted the need for reform.

The proposed Wills Bill, published in 2025, aims to modernise the process while maintaining important safeguards.

The key changes proposed include:

• Digital Wills - The Bill introduces the possibility of legally recognised electronic wills. This would allow individuals to create, sign, and store wills digitally, making the process more accessible and convenient.

• Lower minimum age - The minimum age to make a will could be reduced from 18 to 16, giving younger individuals more control over their affairs in certain circumstances.

• Greater flexibility for courts - Currently, small technical errors can invalidate a will. The proposed “dispensing power” would allow courts to uphold a will if it clearly reflects someone’s intentions, even if formalities weren’t strictly followed.

• Stronger protection against undue influence - The Bill strengthens safeguards for vulnerable individuals by making it easier to challenge wills where pressure or manipulation is suspected.

• Marriage to no longer revoke a Will - At present, marriage automatically cancels an existing will. The reform would remove this rule, helping to prevent unintended consequences and reflecting modern relationships.

• Updated mental capacity testThe current legal test would be replaced with the more modern and widely understood standard under the Mental Capacity Act 2005.

What This Means for You

These changes aim to make will-writing simpler, safer, and more reflective of modern life. However, they also highlight the importance of reviewing your current will, or putting one in place if you haven’t already.

While the Bill has not yet become law, it’s a good time to ensure your estate plan clearly reflects your wishes and protects your loved ones.

If you’re considering making or updating your will, seeking professional legal advice remains the best way to ensure everything is done correctly.

If you’d like support with your estate planning, our team is here to help.

📩 mbh@wigansolicitors.com
📞 01942 206060