Author: Glenn

Why is UK wills law changing after nearly 200 years?

The law that governs how you make a will in England and Wales — the Wills Act 1837 — was written in the reign of Queen Victoria. At the time, there were no telephones, let alone smartphones. Yet those same rules still govern how you must sign your will, who must witness it, and what happens if something goes wrong.

In May 2025, the Law Commission — the independent body that reviews and modernises UK law — published its long-awaited final report, Modernising Wills Law, along with a complete draft Bill to replace the 1837 Act entirely. It is described as the most comprehensive overhaul of wills legislation in nearly two centuries. The government’s formal response was expected by May 2026, making this one of the most significant legal developments for anyone planning their estate right now.

The review was partly triggered by the COVID-19 pandemic, which forced emergency changes to allow wills to be witnessed over video call. That temporary experiment worked, and it raised a broader question: why is so much of our wills law still rooted in the Victorian era?

What are the main changes being proposed?

The Law Commission’s proposals cover several areas that are directly relevant to you:

• Electronic wills — you would be able to create and sign a will digitally, provided it is stored on a regulated, certified platform that meets strict security standards.
• Remote witnessing — witnessing your will via video call would become permanently legal, not just a pandemic emergency measure.
• Stronger protection against undue influence — new rules would make it easier for courts to set aside a will if there is evidence that someone was pressured or manipulated into changing it.
• New duties on will-writers — solicitors preparing a will would have formal obligations to check for signs of coercion or lack of mental capacity, rather than simply taking instructions and moving on.
• Tighter rules on gifts to carers — the reform would introduce closer oversight when someone leaves a significant gift to a person who has been looking after them, to reduce the risk of exploitation.

These are proposals, not law. The government must introduce and pass a new Wills Act through Parliament before any of this takes effect — which could take a year or more beyond its initial response.

Will electronic wills be safe and trustworthy?

This is one of the most common questions — and it is a fair one. The short answer is: only if the government gets the detail right.

The Law Commission’s proposal is not that you could simply type your wishes into an email and call it a will. Electronic wills would need to be created and stored on a certified, regulated platform — similar to how electronic signatures are already used for property transactions and legal contracts in the UK. The platform would be responsible for maintaining the integrity of the document and preventing unauthorised changes.

Many legal professionals have raised concerns that digital formats could make it easier for someone to secretly alter a will. The draft Bill includes specific anti-tampering rules, but critics argue the safeguards will only work as well as the technology and regulation behind them.

For now, a traditional paper will — signed by you in ink, in the presence of two independent witnesses who also sign — remains the gold standard. There is no need to rush to switch to an electronic will, even once the law eventually allows it.

How would the new rules protect you from pressure or manipulation?

One of the most important — and underreported — parts of the reform is its focus on protecting people from undue influence. This matters enormously for anyone who is widowed, in poor health, or relying on family members or carers for day-to-day support.

Under the current law, proving that someone was pressured into changing their will is extraordinarily difficult. You must show that the influence was so overwhelming it effectively substituted someone else’s wishes for your own — a very high legal bar that few families can meet.

The proposed new law would lower that bar. Courts would be able to look at the wider picture: the relationship between the person and those who benefit, whether they had independent legal advice, whether the will was prepared privately — and make a fairer judgment based on all the circumstances.

There would also be new duties on will-writing solicitors to flag concerns proactively. If a solicitor senses that a client is being steered toward a particular decision, they would be required to act on that concern rather than simply completing the paperwork.

Do you need to update your existing will because of these changes?

Not because of these reforms specifically. The Wills Act 1837 remains in force until Parliament passes a replacement, and your current will — properly signed and witnessed under the existing rules — is completely valid. You do not need to take any action simply because reforms are being discussed.

That said, there are good independent reasons to review your will periodically:

• You have married, divorced, or been widowed since writing it (marriage automatically revokes a will in England and Wales)
• A beneficiary or executor named in your will has died
• Your financial situation has changed significantly — property, business, inheritance
• You have had children or grandchildren you would like to include
• Your relationship with a named executor or guardian has changed

Most solicitors recommend reviewing your will every three to five years, or after any major life event. A review does not mean rewriting — it may simply confirm that your current wishes still stand.

What if you haven’t made a will yet — should you do it now?

If you do not have a will, the answer is almost certainly yes — and there is no good reason to wait for new legislation.

Without a will, your estate is distributed under the rules of intestacy — a rigid legal formula that may have nothing to do with your actual wishes. If you are not married to your partner, they could receive nothing at all, even if you have been together for decades. Stepchildren are not automatically included. Long-term friends or carers you wanted to remember may receive nothing.

A straightforward will typically costs around £150–£300 with a solicitor for a single will, or £200–£500 for a mirror will written alongside a partner. Age UK (call 0800 678 1602) can help you find free or low-cost will-writing services in your area. Many solicitors also participate in Will Aid each November — a scheme where they waive their fee in exchange for a suggested donation to charity.

Waiting for the new Wills Act is not a sensible reason to delay. A will made today is just as legally binding — and your family will have the clarity and peace of mind that comes with knowing your wishes are recorded and protected.

What is a Lasting Power of Attorney and why does it matter?

Most of us assume we will always be able to manage our own affairs. But a stroke, a dementia diagnosis, or a serious accident can change that — sometimes suddenly, sometimes gradually. Without an LPA in place, even your closest family members cannot legally access your bank account, pay your bills, sell your home, or make decisions about your medical care.

If no LPA exists and you lose mental capacity, your family would need to apply to the Court of Protection to be appointed as your deputy. That process typically costs over £1,000, takes many months, and can be deeply stressful at an already difficult time. An LPA prevents all of that. It is made in advance — while you are well — and only used if and when it is actually needed.

What are the two types of LPA?

There are two separate LPAs, and many people choose to make both at the same time.

What does a Property and Financial Affairs LPA cover?

This type covers decisions about your money, bank accounts, investments, property, pensions, and bills. Your attorney can use this LPA with your permission while you still have capacity — for example, if you have difficulty getting to the bank — or it can be restricted to use only once you lack capacity. This flexibility makes it useful well before any health crisis occurs.

What does a Health and Welfare LPA cover?

This type covers decisions about your medical treatment, where you live (including care home placements), your daily routine, and what you eat or wear. Unlike the financial LPA, this one can only be used when you lack the mental capacity to make those decisions yourself. It also lets you specify whether your attorney can consent to or refuse life-sustaining treatment on your behalf — an important and deeply personal decision to make in advance.

How does the new online LPA process work?

The Office of the Public Guardian (OPG), which is the government body that oversees LPAs in England and Wales, is modernising the way LPAs are made and registered. A digital service is available now at the government website, and it is being upgraded through 2025 and into 2026 under the Powers of Attorney Act 2023.

The updated digital service offers:

• Real-time error checking — the system flags mistakes before you submit, reducing delays caused by having to post corrections back and forth
• Identity verification for all parties — donors, attorneys, and certificate providers all verify their identity online, which reduces the risk of fraud
• Faster registration — because errors are caught earlier, the overall process is expected to be significantly quicker than the current paper route

If you are not comfortable doing everything online, a hybrid option is available: you can complete some steps on paper and others digitally. Paper forms remain available for those who prefer them entirely.

How much does it cost to register an LPA?

The fee to register each LPA with the OPG rose to £92 in November 2025, up from £82. Since there are two types of LPA, making both costs £184 in total.

You may qualify for a 50% fee reduction (down to £46 per LPA) if your gross annual income is below £12,000. However, there is an important recent change: from 2 February 2026, receiving Universal Credit no longer automatically qualifies you for a fee reduction. You now need to meet the income threshold separately. If you applied before that date using Universal Credit as your qualifying benefit, your reduction would have been honoured — but anyone applying now needs to check their income figure.

If you have a very low income or receive certain means-tested benefits such as Income Support or Pension Credit, you may qualify for a full fee exemption. The OPG’s website has a fee remission checker that takes only a few minutes to use.

Who do you need to involve when making an LPA?

Making an LPA is not something you do alone. You will need to involve:

• One or more attorneys — the people you are giving legal authority to. They must be over 18, have mental capacity themselves, and not be bankrupt (for a financial LPA). Choose someone you trust completely, and consider naming a replacement attorney in case your first choice is unable to act.
• A certificate provider — an independent person who confirms that you understand the LPA and are making it freely, without pressure. This can be a solicitor, GP, or someone who has known you personally for at least two years — but not a family member or one of your attorneys.
• Witnesses — each signature on the LPA must be witnessed by a person aged 18 or over who is not one of your attorneys.

You can also name up to five people to be notified when the LPA is registered, giving them the opportunity to raise concerns if they believe you were pressured or did not understand what you were signing. This is an optional but valuable safeguard.

How long does registration take — and when should I start?

Once you have completed and signed your LPA documents, they must be sent to the OPG to be registered. Registration currently takes around 8 to 10 weeks, though this can vary. The LPA cannot be used by anyone until it has been officially registered — so starting early matters.

The single most important thing to understand is this: you can only make an LPA while you have mental capacity to do so. If you wait until after a stroke, a dementia diagnosis, or another health event reduces your capacity, it is too late. The law requires that you fully understand what you are agreeing to at the time you sign.

This is why Age UK and many solicitors encourage people to make an LPA in their 50s or 60s, not in their 80s. You are not being morbid — you are being practical. Many people who have gone through the Court of Protection process after a family member lost capacity without an LPA say the same thing: “If only we had done it sooner.”