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The Wills Act 2025 Lowering the age for making Wills
For almost the last 200 years the Law on Wills has remained untouched, you may have read some of the new proposals from the Law Commission in my colleague’s blogs. James Cornforth a Trainee Solicitor discusses the importance of protection for those vulnerable people who lose capacity.
In this blog I will be discussing the proposed changes to the age that a person (or child as some people may think) can make a Will. The Wills Act 1837 states that a person must be over 18 to have capacity to make a Will, this has not been challenged, until now. The new proposals recommends that children should be able to make a Will from the age of 16 and I know many people may be thinking ‘What 16-year-old needs to make a Will?’ In modern society though, more and more teenagers are becoming childhood superstars due to technology and an increase in opportunity and if they have assets in their name then why should they not be able to say where they want their assets to go?
Consider this, a person can get married at the age of 16 but cannot make a Will, if someone has the capacity to decide to get married, then why do they not have capacity to make a Will? Equally, you can join the army at 16, but under current law you can’t make a Will before joining… I think you would agree that there are some double standards with regards to what decisions a 16-year-old can and cannot make. The Law Commission hope by lowering the age that a person can make a Will it will align with the law on mental capacity and create a more consistent approach to mental capacity in general.
These reasons cover the functionality of Wills however, what about the emotional elements of being able to have a Will? If a child dies under the age of 18 and has no Will, their estate will be distributed in accordance with the rules of intestacy which means that parents would normally inherit first. Coming from a single parent background where one parent has not played a role in my life, would I want them to inherit from me? Absolutely not. Luckily enough I have survived until I am deemed old enough to make a Will so for me this is no longer an issue. For some children it would be though. The change proposes to stop some of the injustices like I have just mentioned, that are emotionally charged.
It does go a step further stating that in exceptional circumstances the Court should have the power to authorise a child under the age of 16 years old to make a Will. In Scotland, you can make a Will from being 12 years old so arguably there is still some work to be done. To make a Will under the age of 16 you have to apply to the Court and the Court will decide whether you should be allowed. This is based on whether it is in your best interests and whether you are likely to live to the age of 16. This will give testamentary freedom to a child who is under 16 albeit they do have to still apply to a Court.
At Crombie Wilkinson Solicitors, our specialist legal advisers offer comprehensive estate planning services, including drafting Wills, setting up LPAs, and advising on inheritance tax planning. These measures work together to provide peace of mind, ensure your wishes are upheld, and protect you and your family as you age.
