Keeping an up-to-date will gives you control over how your assets and personal belongings are distributed after you’re gone. Without a will, your wealth could be passed on in ways you do not intend.
As such, will writing is a fundamental part of your financial plan – no matter what stage of life you’re at.
Yet, despite its significance, the law governing wills in England and Wales remains rooted in the outdated Wills Act 1837 – which has not been changed or updated in over 200 years.
So, on 16 May, the government welcomed the publication of the Law Commission’s final report, Modernising Wills Law, as “an important and timely review of the existing law.”
The report is accompanied by a draft bill, which is currently under consideration by the government.
While the report sets out 31 proposals, here are four of the key recommendations for reform.
1. The introduction of electronic wills
An electronic will or “e-will” is one that is created in digital form and signed using electronic signatures. It is typically stored and transmitted online.
However, UK law does not currently recognise this type of will.
Under the Wills Act 1837, you (the testator) must sign your will in the presence of two witnesses. To make the document legally valid, these must all be physical “wet” ink signatures – pen on paper.
Yet, legalising electronic wills may offer several benefits:
- Greater accessibility and convenience – Allowing people to create, sign, and store their wills online could make the process much easier for those with mobility issues or whose witnesses live in another country.
- Enhanced security – Digital security measures, such as encryption, could reduce the risk of wills being lost, damaged, or tampered with.
- Increased engagement – Research by Canada Life has revealed that over half of UK adults do not have a will. Streamlining will writing by introducing electronic wills might encourage more people to complete this important estate planning task.
However, there are potential drawbacks too, such as the risk of technical issues and data breaches compromising the integrity of e-wills.
Law Commission recommendation
Electronic wills should be expressly permitted, provided they meet the existing “formality requirements” that make a paper will valid.
The Law Commission has also proposed additional requirements to safeguard against events such as fraud and undue influence.
2. Reduce the age at which a person can make a will from 18 to 16
Under the current legislation, a person must be at least 18 years old to make a will in England and Wales.
This means that if a child dies before they reach 18, their estate is usually distributed according to the intestacy rules – these dictate how a person’s assets are distributed if they die without a will.
Where this occurs, a young person’s estate may not be passed on in line with their wishes.
On the other hand, reducing the minimum legal age for creating a will could:
- Protect vulnerable young people – If a young person has a substantial estate, allowing them to make a will could give them control over how their assets and personal belongings are distributed. This may be especially important for terminally ill minors or those who are estranged from their parents.
- Reflect modern realities – Many under-18s have significant responsibilities and assets, such as bank accounts and digital assets. Allowing 16-year-olds to create a will could bring the law in line with the legal and financial responsibilities many young people face.
- Enhance consistency in the law – At 16, an individual has the legal right to make significant decisions, such as whether to get married or give medical consent. Moreover, in Scotland, the minimum legal age to write a will is 12 (provided the individual has the mental capacity to do so). As such, this change could align will writing laws in England and Wales with other legal capacities and jurisdictions.
However, concerns remain about the risk of undue influence and whether a 16-year-old may have the maturity to make well-considered decisions about the distribution of their estate.
Law Commission recommendation
The minimum age at which a person can make a will should be reduced from 18 to 16 years.
The court should also have the power to authorise a child under 16 to make a will.
3. Abolish automatic revocation of wills on marriage or civil partnership
Currently, a will is automatically revoked if a person marries or enters a civil partnership – unless the existing document contains specific instruction for this not to happen.
So, if you fail to make a new will under these circumstances, your estate will likely be distributed in line with the rules of intestacy.
Moreover, some individuals may exploit this rule by entering into “predatory marriages” for inheritance purposes.
The proposed change could:
- Remove the financial incentive for predatory marriages – Reducing the risk of financial abuse for vulnerable individuals.
- Avoid unintended consequences – Many people are unaware of this rule. As a result, their estates may be passed on in ways they would not have chosen at the time of their death.
However, these benefits are reliant on effective public education about the proposed changes.
Law Commission recommendation
The final report recommends that this rule be abolished.
This would mean that an existing will remains valid after a marriage or civil partnership, unless explicitly revoked or updated.
4. Increase the power of the courts
The Law Commission’s report proposes several important changes that could affect the role of the courts in deciding issues relating to wills.
Deciding whether a will is valid or not
Under the current law, a will is deemed invalid if it does not meet strict legal requirements.
The report recommends that the courts be granted the power to recognise a will as valid if the person’s intentions are clear.
Reforming the test for testamentary capacity
You must have the mental ability and legal capacity to make or alter a valid will. This is known as “testamentary capacity”. There are currently two tests to assess this.
The Law Commission has recommended that a single test is sufficient. It proposes that the more recent criteria, set out in the Mental Capacity Act 2005, should be applied to all assessments.
Strengthening protections against undue influence
It can be difficult to prove that a will has been created due to the influence of others. The burden of proof is high, and it lies with the person who is disputing the will. Moreover, undue influence often occurs behind closed doors.
Under the Law Commission’s proposed change, the court would have increased powers to identify and quash such behaviour. The report also recommends that the burden of proof should move to the person seeking to enforce the will.
Get in touch
If you need to create or update your will, our financial planners can help you review your financial situation to give you a clear picture of your estate.
We can also advise on Inheritance Tax and help you structure your estate to maximise the wealth that is passed on to your loved ones.
While we do not write legal documents, our team works closely with solicitors who can help you craft a legally compliant will that meets your specific needs.
Please email hello@bluewealth.co.uk or call us on 0117 332 0230.
Please note
The content of this newsletter is offered only for general informational and educational purposes. It is not offered as, and does not constitute, financial advice.
Blue Wealth Ltd is not responsible for the accuracy of the information contained within linked sites.
Blue Wealth Ltd is an appointed representative of Best Practice IFA Group Ltd, which is authorised and regulated by the Financial Conduct Authority.
The Financial Conduct Authority does not regulate estate planning or will writing.
Approved by Best Practice IFA Group: 12/06/25
