The draft Wills Bill 2025 could introduce the most substantial changes to wills law in England and Wales since the Wills Act 1837. Drawing on the Law Commission’s recommendations in its final report on modernising wills law, the proposed reforms are designed to reflect modern lifestyles, embrace technological development and provide greater safeguards for vulnerable individuals.
If enacted, the Bill would overhaul a legal framework that has remained largely untouched for almost two centuries. The current law was created in an era when communication and record-keeping were strictly paper-based and required physical presence. With society now operating in an increasingly digital environment, pressure has grown for legislation to evolve in step with modern living and working practices.
Among the most notable proposals are the formal recognition of electronic wills and the introduction of remote witnessing. Dan Brown, Divisional Director at Lawsure Insurance, commented:
“By recognising electronic wills and remote witnessing, the law is finally catching up with the realities of how people live and work today. This in turn could make the process more accessible and secure for everyone.”
Advocates of the reform also point to the temporary measures introduced during the COVID-19 pandemic, which permitted remote witnessing and demonstrated that technology could successfully safeguard testamentary intentions without weakening legal protections. Making these measures permanent could particularly benefit individuals who face challenges attending in-person appointments.
Another significant proposal would see the minimum age for making a will reduced from 18 to 16, allowing younger people — including those in civil partnerships — to formally document their wishes earlier.
“This change could better protect vulnerable individuals from exploitation,” Dan Brown noted. “It ensures their wishes are recorded, which is a fundamental principle of both good law and good insurance practice.”
The change reflects the reality that many 16- and 17-year-olds now have financial commitments, assets or dependants, and would give them greater autonomy over their affairs.
The Bill also proposes to remove the long-standing rule that marriage or civil partnership automatically revokes an existing will. Under the new framework, wills would remain valid unless intentionally updated, reinforcing testamentary freedom and helping to avoid unintended consequences such as accidental disinheritance.
In a further move aimed at reducing disputes, the proposals would allow courts greater discretion to uphold informal wills where there is sufficient evidence that they accurately reflect the testator’s intentions. Each case would be assessed individually, with reference to capacity under the Mental Capacity Act 2005 and the wider legal safeguards surrounding vulnerable individuals.
“The ability for courts to uphold a will where intentions are clear reduces the risk of costly disputes,” Dan explained. “It can also help protect against undue influence and financial abuse.”
Although the Wills Bill 2025 is still at the proposal stage, it represents a potentially transformative shift in how wills are created, stored and contested. The legal and insurance sectors are expected to closely monitor its progress, given the long-term implications for estate planning and dispute resolution.
To learn more information about the proposed draft Wills Bill 2025, you can visit Lawsure Insurance.
