Did you know that the primary law governing Wills in England and Wales has been in place since 1837? Despite huge social and technological changes over nearly two centuries, the Wills Act 1837 still sets the framework for how we make a Will today.
In this article, our specialist WillsLawyers explore the proposed reforms to the Wills Act, what they could mean for you, and why reviewing your Will regularly is essential.
The Current Law on Making a Will
Under the present law, you must be at least 18 years old (originally 21 when the Act was passed) to make a valid Will.
A Will must also:
- Be in writing.
- Be signed by the Testator (the person making the Will).
- Be witnessed by two independent people.
These rules, while clear, have not kept pace with modern life and the growing use of digital platforms.
How Covid-19 Changed the Conversation
The Covid-19 pandemic in 2019 exposed significant challenges in following the 1837 rules. With lockdowns and social distancing, many people struggled to sign and witness their Wills in the traditional way.
As a temporary solution, the law was amended to allow remote witnessing via video conferencing, sparking debate on whether the law should be modernised for the digital age.
Proposed Changes to Wills Law
The Law Commission has now recommended a number of reforms that could reshape the way Wills are created and challenged.
These include:
- Electronic Wills and remote signatures – provided a secure, “reliable” system is used to confirm identity, protect the original document, and prevent tampering.
- Relaxed formalities – giving courts a new dispensing power to uphold a Will that may not comply with technical requirements but clearly reflects the Testator’s intentions.
- Lowering the age requirement – reducing the age for making a Will from 18 to 16. (In Scotland, the minimum age is already just 12.)
- Marriage and civil partnerships – removing the rule that marriage or civil partnership automatically cancels a Will. This aims to prevent “predatory marriages,” though spouses or partners could still claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Capacity to make a Will – aligning the current test (from Banks v Goodfellow, 1870) with the Mental Capacity Act 2005.
- Gifts to witnesses – courts could have the discretion to validate gifts left to witnesses or their cohabitants, where it is fair to do so.
- Expanded rectification powers – courts could be allowed to correct Wills that fail to reflect the Testator’s true wishes, even beyond clerical mistakes.
When Will These Changes Take Effect?
The Law Commission published its final report on 16 May 2025.
The Government is expected to give an interim response within six months and a full response within 12 months. If accepted, the reforms could be enacted by May 2026.
Do You Need to Update Your Will Now?
Even though reforms are still pending, it is important to review your Will regularly.
Family circumstances, finances, and tax laws change over time, which means your Will could become outdated.
Ensuring your Will reflects your current wishes is a vital part of inheritance planning and gives you peace of mind that your estate will be distributed as intended.
Contact Our Specialist Wills Lawyers
At Myerson Solicitors, our specialist wills and probate lawyers in Manchester can advise you on reviewing or updating your Will, ensuring it is legally valid and tax-efficient.
0161 941 4000
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Bik-ki Wong
Partner and Head of our Wills, Trusts, and Probate
Bik-ki has over 20 years of experience acting as a Wills, Trusts, and Probate solicitor. Bik-ki is an expert in dealing with high net-worth individuals as well as those who have more complicated circumstances or those with mental capacity issues.
About Bik-ki Wong