Big Changes to Wills Law

The Wills Act 2025 is a major update to Wills law, modernising rules that have been in place since 1837. The Law Commission started this project in 2016 to make Wills law simpler and more up-to-date. They published their final report and draft bill on 16 May 2025, with nine key changes:

1. Testamentary Capacity: Uses the Mental Capacity Act 2005 to set clearer standards and better protect vulnerable people.
2. Statutory Wills: Simplifies the process for making Wills for those aged 16 and over, ensuring vulnerable individuals are protected.
3. Electronic Wills: Introduces legally recognised electronic Wills, allowing for remote execution and better digital security.
4. Undue Influence: New rules make it easier to spot and challenge undue influence, ensuring the testator's true wishes are followed.
5. Children Making Wills: Lowers the age for making a Will to 16, with special provisions for those under 16 in exceptional cases.
6. Interpretation & Rectification: Gives courts more power to fix errors and clarify ambiguous clauses, respecting the testator's true intentions.
7. Revocation of Wills: Marriage or civil partnership no longer automatically cancels a Will, preventing 'predatory marriages.'
8. Mutual Wills: Clarifies and enforces mutual Wills, ensuring shared testamentary intentions are honoured.
9. Ademption & Inheritance: Updates rules to protect gifts in statutory Wills, address simultaneous deaths, and provide clearer inheritance paths.

We support the Law Commission's recommendations for modernising Wills law, as they bring clarity, fairness, and modernity.

In our first blog on this topic, James Cornforth, a trainee solicitor in our private client team, discusses protecting vulnerable people who lose capacity and the importance of a health and welfare Lasting Power of Attorney given to a trustworthy family member.
You can read this blog about Testamentary Capacity and Revocation of Wills online.

In our second blog on this topic, Eleanor Hodgson, a solicitor in our private client team, discusses the impact of lowering the age for making Wills. 

In our third blog, Lucy Waite discusses how a Statutory Will is a product of the Court of Protection that allows a Will to be made on behalf of someone else because they lack capacity and in the fourth blog, Lucy talks about the future of Wills with electronic Wills.

In our fifth blog, Eleanor discusses the impact on Mutual Wills. In our sixth blog, Solicitor Lois Britchford discusses undue influence and can they still inherit?

Existing Wills will generally remain valid under the new Wills Act 2025. However, there are a few key points to consider:

1. Testamentary Capacity: If the Will was made by someone whose capacity might be questioned, the new standards could provide clearer guidelines for assessing its validity.
2. Electronic Wills: Existing Wills on paper will still be valid, but you might consider updating to an electronic Will for added security and convenience.
3. Revocation Rules: If your Will was made before a marriage or civil partnership, it will no longer be automatically revoked by these events under the new law.

It's a good idea to review your Will with a legal professional to ensure it aligns with the new regulations and fully reflects your current wishes.

If you would you like more detailed information on any specific aspect, please contact a member of our Private Client team to discuss Wills. We have legal advisers in our offices in York, Selby, Malton and Pickering.