The Wills Act 2025 Can They Still Inherit?

What Happens When Wills Go Wrong (and How to Get Them Right)

Most people write a Will once; pop it in a drawer and hope they never have to think about it again. Fair enough – no one wants to dwell on death, paperwork, or family drama.

But what if life changes? You fall out with someone? You sell your house, the car, the watch you promised your nephew in your Will. What happens then?

Whilst it might not be a page turner, The Wills Act 2025 is here to help clear up some long-standing confusion and modernise how Wills work – because, let’s face it, the old rules were definitely due a refresh!

So, whether your Will is brand new, 20 years old, or still on your “to-do list”, here’s what you need to know!

1. Undue Influence: Under Pressure?!

We’ve all seen the plot: vulnerable person, new “best friend”, suspicious last-minute Will. And while “undue influence” has always been a reason to challenge a Will, its tricky to prove – until now.

What’s new?

The Act introduces a clear definition of undue influence. This means courts now have a proper checklist to work with if someone says they were pressured into changing their Will, whether by guilt-tripping, manipulation, or control.

Good to know: If you make your Will freely (especially with a solicitor), it’ll be harder for anyone to challenge it later.

2. Interpretation: If the Wording’s a Bit Messy, Courts Can Now Make Sense of It

Maybe the Will says “everything to Chris” but there are 4 people called Chris in the family and doesn’t specify which one. Or it accidentally leaves someone out. That used to mean a long, expensive court process—or the wrong person inheriting.

What’s new?

Courts can now look outside the Will - using emails, letters, and notes from your Solicitor’s Will appointment to work out what you really meant. They also have more time to correct obvious mistakes.

In plain English: If it’s clear what you meant, even if the wording was off, the court can now step in and sort it out.

3. Ademption: What If You No Longer Own the Gift You Left?

Leaving a classic car to your nephew sounds generous—until it gets sold to pay care home fees. Under old law, the gift just vanished and he would get nothing (bit harsh).

What’s new?

If the gift was sold or given away by someone acting on your behalf – like an attorney under a Lasting Power of Attorney – the court can now award the beneficiary a replacement item or equivalent value.

Why it matters: It’s fairer. No more losing out just because something was sold to pay for your care or handle finances.

4. Gifts to Witnesses, Cohabitants & Those Who Sign on Your Behalf: Rules Loosened (Slightly)

Under old rules, if someone witnessed your Will (or was married to someone who did), they couldn’t benefit from it. Same if they helped you sign it. That caused no end of accidental problems.

What’s new?

The Act allows gifts to:

• Cohabiting partners who live with the testator.
• People who sign on the testator’s behalf, if you’re unwell.
• Witnesses (and their partners)—provided there’s no undue influence.

Still best practice: Use witnesses who aren’t mentioned in the Will if you can. But it’s good to know the rules are now a bit more flexible.

What Should You Do Now?

These changes are all designed to make things fairer, clearer, and more flexible. But they don’t change one key truth: your Will needs to reflect your current wishes—and be written properly.

Here’s your quick Will-health checklist:

• Is your Will more than 5 years old?
• Have your relationships changed?
• New additions to your family?
• Have you sold/given away any gifts in your Will?

If you said “yes” to any of those, it’s time for a review!

Need a Fresh Look at Your Will?

At Crombie Wilkinson Solicitors, we help people create Wills that are clear, valid, and built to stand the test of time (and family drama). Whether it’s your first Will or your fifth, we’ll make it simple and stress-free!

Contact a member of our Private Client team at one of our offices to discuss your personal circumstances – York, Selby, Malton or Pickering.