Article source: Lawsure Insurance, UK
The Wills Bill 2025 remains one of the most significant pieces of proposed legislation affecting wills and estate planning in England and Wales as the legal profession moves through 2026. Based on the Law Commission’s final report on modernising wills law, the draft Bill seeks to update a framework that has its roots in the Wills Act 1837, bringing it into line with today’s digital society while strengthening protections for vulnerable people.
If implemented, the Bill would modernise a legal system that has remained largely unchanged for almost two centuries. Current wills law was designed for a paper-based world of in-person meetings and handwritten documents, but modern life is increasingly shaped by online services, remote communication, and digital record-keeping. The proposed reforms reflect growing recognition that the law must evolve alongside the way people now manage their financial and personal affairs.
One of the most high-profile proposals is the formal recognition of electronic wills and the continued use of remote witnessing. These measures would allow wills to be created, signed, and witnessed using digital technology, improving accessibility for people who cannot easily meet in person. Commenting on the proposal, 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 emergency measures introduced during the COVID-19 pandemic demonstrated that remote witnessing could operate without undermining legal safeguards. As digital communication becomes even more embedded across legal and financial services in 2026, many see the case for permanent reform as stronger than ever.
The Bill also proposes lowering the minimum age for making a will from 18 to 16, giving younger people the ability to formalise their wishes earlier in life, particularly those with assets, family responsibilities, or legal partnerships. Dan Brown highlighted the importance of this change:
“This change could better protect vulnerable individuals from exploitation. It ensures their wishes are recorded, which is a fundamental principle of both good law and good insurance practice.”
Another significant reform would end the automatic revocation of a will upon marriage or civil partnership. Instead, a will would continue to be valid unless deliberately changed, reducing the risk of accidental disinheritance and strengthening the principle of testamentary freedom.
Courts would also be given broader powers to recognise informal wills where there is clear evidence of a person’s intentions. Judges would assess cases on their merits, including the testator’s mental capacity under the Mental Capacity Act 2005 and existing safeguards against coercion and abuse. Dan Brown explained the potential benefits of this approach:
“The ability for courts to uphold a will where intentions are clear reduces the risk of costly disputes. It can also help protect against undue influence and financial abuse.”
Although the Bill has yet to be enacted, its proposals continue to shape discussion and preparation across the legal and insurance sectors in 2026. With its focus on digital innovation, accessibility, and stronger protections, the Wills Bill 2025 remains a defining blueprint for how wills law could evolve for future generations.
