The law on Wills in England and Wales has remained largely unchanged for almost two centuries. While it has provided a stable framework, it has also struggled to keep pace with modern life. Digital communication, changing family structures and longer life expectancy have all highlighted the need for reform.
As we move through 2026, the conversation around updating Wills law is becoming increasingly important. Although no major reforms have yet taken effect, the work carried out by the Law Commission in recent years signals that change is on the horizon. For anyone thinking about making or updating a Will, understanding these developments can help you make informed decisions now.
Why Wills Law is being reviewed
The current rules stem from the Wills Act 1837. While the Act has stood the test of time, it was written for a very different society.
Today, people often have blended families, digital assets and complex personal circumstances. The Law Commission has recognised that the law needs to reflect these realities more closely.
In 2025, the Commission continued to refine proposals aimed at modernising the law. These proposals are not yet in force, but they give a clear indication of the direction future legislation may take.
Key areas of proposed reform
Rethinking the rule that marriage revokes a will
Under current law, getting married automatically cancels any existing Will unless it was made in anticipation of that marriage. This rule often catches people out, particularly those entering second marriages or long-term partnerships later in life.
The Law Commission has suggested reforming this rule. The aim is to reduce the risk of someone unintentionally dying without a valid Will simply because they married after making it.
If this change is adopted, it could offer greater protection for individuals who want their estate to pass according to their long‑term wishes.
Updating the test for testamentary capacity
A person must have “testamentary capacity” to make a valid Will. The current test is based on a Victorian case, Banks v Goodfellow (1870). Although widely used, it does not always sit comfortably with modern medical understanding of conditions such as dementia or fluctuating mental capacity.
The Law Commission has proposed aligning the test more closely with the Mental Capacity Act 2005. This could make the law clearer and more consistent, especially for vulnerable individuals or those whose capacity varies over time.
Greater flexibility when formalities are not followed
At present, a Will must meet strict formal requirements to be valid. It must be in writing, signed by the person making it and witnessed by two independent witnesses.
If any of these steps are not followed precisely, the Will is usually invalid.
The Commission has suggested giving courts limited discretion to uphold a Will that clearly reflects someone’s intentions, even if the formalities were not perfectly met. This approach already exists in countries such as Australia and has helped prevent estates from being distributed in ways the deceased never intended.
Exploring the future of Electronic Wills
Perhaps the most forward‑looking proposal is the potential recognition of electronic Wills. As more aspects of life move online, the idea of creating a Will electronically is becoming more realistic.
The Law Commission has not recommended immediate legalisation, but it has encouraged further exploration. Any future system would need strong safeguards to prevent fraud and ensure that the person making the Will fully understands what they are signing.
Why these developments matter now
Although none of these proposals have yet become law, they highlight an important point: the legal landscape is shifting. The push for reform shows that the current system does not always meet the needs of modern families.
However, until any changes are formally introduced, the existing rules still apply. This means that a professionally drafted Will remains the most reliable way to ensure your wishes are carried out. Relying on informal notes, digital messages, or assumptions about how the law might change in future can leave your estate vulnerable to disputes.
A clear, well‑prepared Will offers certainty. It protects your loved ones from unnecessary stress and ensures your estate is distributed according to your wishes, not outdated rules or guesswork.
Preparing for the future
As 2026 progresses, we may see further progress on these reforms. For now, the best step you can take is to review your current Will or create one if you have not already done so. Life changes quickly, and your Will should reflect your current circumstances.
If you are unsure whether your Will still meets your needs, or if you want guidance on how potential reforms might affect you in the future, professional advice can make all the difference.
