On May 16, 2025, the Law Commission of England and Wales unveiled a landmark proposal to introduce digital wills, modernising the country’s outdated will-making laws, marking the biggest reform since the Wills Act of 1837.
At the heart of this reform is the legal recognition of electronic wills, allowing individuals to create and sign their wills digitally, provided robust safeguards are in place to prevent fraud and ensure authenticity. But what does this mean for you, whether you already have a will or are thinking about writing one?
A Long-Overdue Modernisation
The Law Commission’s recommendations reflect the way we live today. From banking and ID checks to remote work and online healthcare, much of life now happens digitally. Yet the rules around wills still demand pen, paper, and physical witnesses—something the Commission says no longer fits modern society.
The proposed reforms include:
- Allowing digital wills that are signed and stored electronically.
- Removing the automatic revocation of a will on marriage (a rule that can lead to financial abuse).
- Clarifying how courts assess mental capacity to make a will.
- Giving courts “dispensing powers” to validate informal wills that clearly reflect the person’s intentions.
- Lowering the minimum age for making a will from 18 to 16 years old.
What It Means If You’re About to Write a Will
If you haven’t written a will yet, this reform could make the whole process more accessible, especially for younger people or those who find traditional legal services daunting or expensive.
- Create and sign your will online: Instead of booking meetings and printing documents, you might soon be able to write and sign your will entirely through a secure digital service.
- Start earlier: Lowering the age from 18 to 16 empowers younger people to take control of their estate planning, especially if they face medical challenges or have dependents.
Greater legal protection: The reforms are designed to tackle abuse, undue influence, and coercion, helping to ensure your wishes are respected, even if contested.
Addressing Vulnerability and Abuse
One of the key motivations for this reform is to protect vulnerable people from being exploited. For example:
- “Predatory marriages”, where someone marries a vulnerable individual to inherit their estate, would be tackled by abolishing the rule that marriage automatically cancels an existing will.
Courts would be empowered to infer undue influence even without direct proof, making it harder for coercion to go unchallenged.
Aligning Legal Capacity with Modern Standards
Currently, the law uses outdated rules to assess whether someone has the mental capacity to make a will. The Commission recommends replacing this with the clearer, more modern test used in the Mental Capacity Act 2005, offering better protection and clearer guidance.
What’s Next?
The Law Commission has submitted a draft bill to Parliament. While these reforms are not law yet, they are a clear signal that change is coming. If enacted, they will bring will-making into the 21st century, making it easier, safer, and more reflective of how we live today.
Final Thoughts
Whether you already have a will or are just starting to think about one, this proposed reform could transform the process for the better. It’s about more than just going digital, it’s about creating a legal framework that supports your freedom to choose while protecting those who need it most.
