Changes to Will Laws in 2025

The rules surrounding wills are set to change.  The Law Commission is set to publish its final report on Will reform in April 2025. Below are just a few of the proposals that are expected to be published. 

Electronic Wills 

The first main topic under review is the increasing use of digital signature and online documentation storage which has increased since the covid-19 pandemic and in turn has increased the support for electronic Wills, albeit electronic Wills would need to have an appropriate level of protection to address concerns with regards the risk of fraud and undue influence. The topic would also have to be discussed with regards people who would struggle to make a Will electronically and whether or not they would be disadvantaged at all. 

Should Marriage revoke a Will

Many of us are aware marriage effects our Wills.  In fact, it revokes the Will completely.  If, however, a Will is entered into in contemplation of marriage or civil partnership and the relevant clause is appropriately drafted, the Will remains valid after the marriage or civil partnership takes place.  The Law Commission is, however, considering whether marriage or civil partnership should continue to revoke a Will.  That said, concerns have already been highlighted over the risk in particular for vulnerable people. 

The age at which a Testator can make a Will 

At the minute a Testator has to be of the age of 18 years in order to make a Will and also have the mental capacity to understand the nature of making a Will.  The Commission may recommend lowering the age.  This would align with changes in other areas of legal capacity, although it will raise questions around consistency with age restrictions in marriage, voting and Lasting Powers of Attorney.  

Whilst the Law Commission finalises its recommendations there continues to be much debate on bringing will-making into the digital age and the continued safeguarding of vulnerable individuals. 

Our Private Client Team can assist with any queries you may have in relation to making a Will.