Wills · 8 min read · Published
Will reforms 2025: digital wills and the future of inheritance
The Law Commission wants to replace the Wills Act 1837. What it proposed in May 2025, including electronic wills and a dispensing power, and what it means for you.
By Aaron Johnson, Consultant Solicitor and TEP, a solicitor in Bridlington who writes every guide himself.
This guide is general information about the law of England and Wales, not legal advice. Each case is assessed on its own merits.
Guides · Wills · No. 11 of 18Published · 8 minutes
The law on making a will in England and Wales dates from 1837. In May 2025 the Law Commission published a report, Modernising Wills Law, with a draft Bill for a new Wills Act. It proposes the biggest change to wills law in nearly 200 years, including electronic wills and new protection against pressure on the person making the will.
This guide explains what the proposals mean and separates the headlines from the detail. It also says what you should do now.
Why the law is being reviewed
The Wills Act 1837 was written for pens and wax seals. It has served well, but modern life has exposed gaps. During the COVID-19 pandemic, temporary rules had to be rushed through to allow wills to be witnessed by video. When those rules expired, the law went back to its Victorian form.
There are also cases where a clear will has failed on a technicality: a witness in the wrong place, a signature in the wrong spot, a small slip in procedure. The Law Commission concluded that the law needs updating to reflect how people live and communicate today.
Key proposals from the Law Commission
The report runs to hundreds of pages. These are the six proposals most likely to affect you:
Six Key Proposals
- Electronic wills to become legalWills could be made and signed electronically, but only through a 'reliable system' that checks identity and prevents tampering. A text message would not count.
- A dispensing power for courtsA court could treat a document as a valid will even where it fails a formal requirement, provided it clearly shows what the person intended. This would save many wills that currently fail on a technicality.
- Updated mental capacity testThe test for whether someone has the mental capacity to make a will would be set out in statute. It would replace the Victorian test in Banks v Goodfellow (1870) with one based on the Mental Capacity Act 2005.
- Marriage would no longer cancel a willAt present, getting married cancels any existing will. That rule catches many people out. The Law Commission proposes ending it, so a will survives the wedding.
- Minimum age lowered to 16The minimum age for making a valid will would fall from 18 to 16.
- New protections against undue influenceWhere the circumstances are suspicious (for example, a carer who isolates an elderly person and then benefits under their will), the burden of proof could shift, making it easier to challenge a will made under pressure.
What a digital will is
Digital wills have made headlines, but the proposals are cautious. An electronic will would only be valid if made through a 'reliable system'. The Commission left that term flexible so it can keep pace with technology. The system would have to link each signature to the person signing, tell the will apart from any copies, and protect it from unauthorised change or destruction. Two witnesses would still be needed, though they could watch by video call.
Paper Wills vs Proposed Electronic Wills
| Current Paper Wills | Proposed Electronic Wills |
|---|---|
| Signed by the person making the will in front of two witnesses | Made through a 'reliable system' with identity checks |
| The witnesses also sign in that person's presence | Two witnesses still needed, who could watch by video call |
| Signed in ink | Electronic signature with secure verification |
| The original is kept on paper | Stored digitally with a tamper-proof audit trail |
| Nearly 200 years of case law | New legal framework; case law would develop over time |
The dispensing power
Of all the proposals, the dispensing power may have the most practical effect. It would let a court look past strict formalities and ask one question: does this document clearly show what the person who died wanted?
Courts in Australia have had this power for decades, and New Zealand courts since 2007. They have accepted handwritten notes, unsigned drafts and even text messages as wills, but only where the evidence clearly showed the person meant the document to be their will.
Video wills
Video wills have had a lot of coverage, but the Law Commission considered them and did not recommend video-only wills. It judged the risks too high:
- Pressure on the person is harder to spot on camera than people assume
- Video can be edited, and proving it is genuine is difficult
- Long-term storage and file formats are not guaranteed
- Spoken words are less precise than written text
A video could still be useful evidence under the proposed dispensing power. If someone recorded their wishes alongside a written document that did not quite meet the formal rules, the video could help a court accept the written will. The proposal would also let a court treat a recording itself as a valid will. It would have to show the person's clear and genuine wishes, unchanged at death.
What this means for your existing will
If you already have a properly signed and witnessed will, nothing changes. New legislation would apply only from the date it takes effect. It would not invalidate a will made under the current rules.
When the changes might happen
The Law Commission published its final report on 16 May 2025, with a draft Bill. The government gave a short initial response the same day, welcoming it. Under its protocol with the Law Commission, a full response was due within a year. As at October 2026, none has been published, and no Bill has been introduced.
Even if the government accepts every proposal, a Bill must be prepared, debated and passed by both Houses of Parliament. Some proposals may be changed or dropped. The current rules will stay in place for some years yet.
What to do now
Do not wait for the law to change. If you have no will, make one now under the current rules. If you have one, check it still does what you need. The best will is one that exists, is properly signed and witnessed, and says what you want today.
Aaron drafts wills for people across Bridlington and East Yorkshire in plain English. His fees are fixed and shown on the fees page.
Sources
The official pages behind the rules this guide explains. Each was checked on .
Wills Act 1837, section 9: Signing and attestation of wills
legislation.gov.uk
Written by Aaron Johnson, Consultant Solicitor and TEP · Law of England and Wales as at 21 March 2026 · Ends
