The law about making a will in England and Wales hasn’t changed in over 180 years – but that could soon be about to change. The Law Commission has proposed major updates that aim to bring will-making into the 21st century, making the process easier, safer, and fairer for everyone.
What’s Changing?
1. You might be able to make a will online
At the moment, all wills must be written on paper and signed by hand. In the future, the law could allow people to make a will digitally – possibly even signing it online. This would make it easier for people who live far from family or are unable to travel.
2. The legal age for making a will could drop to 16
Currently, you can only make a will once you’re 18. The proposed changes would allow people aged 16 and over to make a valid will, helping younger adults protect their wishes and any savings or belongings they may have.
3. Marriage might not cancel your will anymore
Right now, getting married automatically cancels your will – unless it clearly says otherwise. This rule has caused problems for many people who didn’t realise their will was no longer valid. The new law may remove this rule, so that your will still stands even if you get married later.
4. Better protection for vulnerable people
There are concerns about people being pressured when writing their wills. The proposed changes aim to make it easier to spot and challenge cases where someone may have been influenced or taken advantage of.
5. Updated rules about mental capacity
To make a valid will, you need to understand what you're doing. The current rules are based on a legal case from the 1800s. The updated law would use modern mental capacity rules, helping professionals (like solicitors or doctors) make clearer decisions about someone’s ability to make a will.
What This Means for You
If you’ve already made a will with BSG Solicitors, you don’t need to worry. Your will is still valid under current law. If the new rules are introduced, we’ll be here to help you review your will and update it if needed.
If you haven’t made a will yet, don’t wait. While these proposed changes are welcome, they are not yet law and may take time to come into effect. If something happens to you before then, your estate would still be dealt with under the current system.
Speak to the Private Client Team at BSG Solicitors
Whether you’re thinking about making your first will or updating an old one, our friendly and experienced team is here to help. We’ll explain everything clearly, guide you through the process, and make sure your wishes are recorded exactly as you want them.
For advice on making a Will please call (01524) 386500 or (01772) 253841.
