What does the biggest change to UK wills law in nearly 200 years mean for you?

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.