Modernising Wills: The UK’s Reform for a Digital Age

Posted by the team on 21st May 2025

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On 16 May 2025, the UK government announced reforms to the country’s outdated will-making process.

With laws dating back to the Wills Act 1837, these changes aim to make creating a will easier, safer, and more accessible in today’s modern world.

Why Was a Change To Will-Making Necessary?

For centuries, Wills have been governed by rigid rules, often making it difficult for people to express their true intentions.

The Law Commission’s initial review was in 2016, and it focused on issues of testamentary capacity, will validity, and digitalisation.

Thus, the proposed reforms took a back seat and again have come to the limelight.

The new report highlighted key areas where reform was needed.

Issues such as reliance on paper documents, lack of protection from undue influence, and the outdated practice of automatically revoking wills upon marriage were all flagged for improvement.

The testamentary capacity test was also updated to align with the Mental Capacity Act 2005.

However, the process takes time and still requires to go through Parliament to be implemented.

Key Reforms To Will-Making

  1. Lowering the Minimum Age: Previously, only individuals aged 18 or older could make a legally valid will. This reform now allows 16-year-olds to express their wishes legally.
  2. Legalisation of Electronic Wills: In an era dominated by digital transactions, wills will no longer require physical paperwork. Secure electronic formats will now be legally recognised.
  3. Marriage Won’t Revoke Existing Wills: The old rule that marriage automatically cancels existing wills has been abolished, giving individuals greater control over their estate.
  4. Tighter Protections Against Coercion: New laws will make it harder for pressure, fraud, or undue influence to manipulate a person’s final wishes.
  5. Update the capacity test: The test now aligns with the Mental Capacity Act 2005, ensuring fairness and clarity.

Modernising Wills Law: What This Means for You

This is a major step forward in modernising and protecting the final wishes of individuals across the UK.

Stay informed, and make sure your estate planning aligns with these pending new changes!

However, the reforms have yet to be implemented, meaning you should not wait until they are, as it may still take several years.

Either way, our expert Wills team will help make the will-making process easy for you.

Get in touch with our team by filling in the form below, or contact our West Sussex offices in Worthing or Chichester to see how we can help.