The Stevensdrake Private Client Department investigates the proposed Wills Act 2025 and what the Act aims to change.

The Wills Act 1837 is the current legislation governing the production of Wills in England and Wales. It is the standard all lawyers adhere to when drafting a Will for a client. The Act aims to make the process of drafting a Will clear, helping testators avoid intestacy and prevent fraud. It outlines several rules that must be followed to execute a valid Will. Remarkably, for nearly 200 years, there have been no significant changes to these rules, aside from an amendment introduced by the Administration of Justice Act 1982 (Section 17), which slightly relaxed Section 9 of the original Act.

Section 9 currently states:

“No will shall be valid unless

(a) it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and

(b) it appears that the testator intended by his signature to give effect to the will; and

(c) the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d) each witness either—

(i) attests and signs the will; or

(ii) acknowledges his signature,

in the presence of the testator (but not necessarily in the presence of any other witness), but no form of attestation shall be necessary.”

In May 2025, the Law Commission published its report Modernising Wills Law, with a view to updating the Wills Act 1837. These proposed reforms,  potentially known as the Wills Act 2025,  aim to better protect testators, streamline the process of making a Will, and bring the law in line with modern technology.

Proposed changes to the Wills Act:

Testamentary Freedom

As discussed above, Section 9 currently outlines strict requirements for a valid Will. Under the proposed reform, the Court would be granted greater discretion to uphold a Will that reflects the testator’s true intentions, even if it doesn’t meet all the technical requirements of Section 9. This could help prevent unintended intestacy.

Undue Influence 

Under the new proposals, the Court would be allowed to invalidate a Will based on suspicion of undue influence, even without conclusive proof, addressing the current difficulty of meeting a high evidential threshold.

Legal Age Lowered

At present, a testator must be at least 18 years old to make a Will. The proposed Act would lower the legal age to 16, recognising that young people may have specific wishes for their estate, particularly in cases where relationships with parents are strained.

Wills Not Revoked Upon Marriage

Currently, a Will is automatically revoked upon marriage. This reform would change that, protecting the testator’s original intentions and helping to prevent financial abuse, such as cases where someone marries with the aim of benefiting from the estate. This change also reinforces the importance of regularly reviewing Wills following major life events, such as marriage or civil partnership.

Electronic Wills 

The new Act would allow digitally signed Wills, provided they meet certain standards. This change would make Wills more accessible and align with modern working practices.

Mental Capacity Assessment

The Act proposes a more unified approach to assessing whether a person has the mental capacity to make a Will, streamlining the current reliance on both the common law test and the Mental Capacity Act 2005.

Next Steps

As mentioned above, the Act has not yet been passed. However, it remains essential, both now and if the Act does come into force,  that individuals regularly update their Wills in line with major life events. Should the Act be enacted, reviewing your existing Will to ensure your estate is distributed according to your wishes will be even more important.

If you would like to discuss drafting or updating your Will, please don’t hesitate to contact the Private Client Team at Stevensdrake.