The publication of the draft Wills Bill 2025 signals what could become the most comprehensive overhaul of wills law in England and Wales since 1837. Built on the Law Commission’s recommendations for reform, the proposals aim to modernize the legal framework to better reflect contemporary life, emerging technologies and the need for stronger protections for vulnerable individuals.
For generations, wills law has been rooted in processes designed for a paper-based world that required physical presence for signing and witnessing. While society has undergone dramatic technological change, the legal framework has remained largely static. The new Bill seeks to close that gap by introducing reforms aligned with digital practices and modern expectations.
Key proposals include formal recognition of electronic wills and the permanent introduction of remote witnessing. Commenting on these developments, Dan Brown, Divisional Director at Lawsure Insurance, said:
“By recognising electronic wills and remote witnessing, the law is finally catching up with the realities of how people live and work today. This in turn could make the process more accessible and secure for everyone.”
The success of temporary remote witnessing during the COVID-19 pandemic is frequently cited as evidence that digital solutions can operate without undermining legal safeguards. Supporters argue that retaining these measures would particularly assist individuals with mobility issues, health challenges or geographical barriers.
Another noteworthy reform would reduce the minimum age for making a will from 18 to 16. This would give younger people, including those in civil partnerships, the legal ability to formalise their wishes earlier in life.
“This change could better protect vulnerable individuals from exploitation,” Dan Brown noted. “It ensures their wishes are recorded, which is a fundamental principle of both good law and good insurance practice.”
The proposal recognises that many young people now carry financial responsibilities, own assets or have dependants, making early access to will-making increasingly relevant.
The Bill would also remove the automatic revocation of a will upon marriage or civil partnership. Under the proposed reforms, a will would remain valid unless deliberately amended, helping to prevent unintended outcomes and strengthening individual control over estate planning decisions.
In a significant shift for dispute resolution, courts would gain greater discretion to validate informal wills where there is sufficient evidence that they accurately represent the testator’s wishes. Decisions would be made on a case-by-case basis, with close consideration of capacity under the Mental Capacity Act 2005 and associated legal protections.
“The ability for courts to uphold a will where intentions are clear reduces the risk of costly disputes,” Dan explained. “It can also help protect against undue influence and financial abuse.”
Although the Bill is still in draft form, its implications are already attracting close attention across the legal and insurance sectors. If implemented, the reforms could reshape how wills are written, witnessed, stored and challenged for decades to come.
You can view more information about this by visiting LawSure Insurance.
