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The Wills Bill 2025: what it proposes, and what is actually law today

Quick answer

The Law Commission published its final report and draft Wills Bill on 16 May 2025, proposing electronic wills, remote witnessing, an end to the rule that marriage cancels a will, and a minimum will-making age of 16. None of this is law yet. Until Parliament acts, wills must still be signed on paper with two witnesses physically present.

Status: NOT YET LAW — last reviewed July 2026

The draft Wills Bill awaits a government response and a parliamentary slot. There is no confirmed timetable. Section 9 of the Wills Act 1837 — wet ink, two physically present witnesses — applies in full today. This page is reviewed monthly and updated on every development.

What the Bill proposes vs the law today

Wills Bill 2025 proposals compared with current law
ProposalWhat it would doThe law today
Electronic willsA will could exist and be signed electronically, subject to a secure-system requirement so the document is protected against tampering.Wet ink on paper only. E-signatures are not valid for wills.
Remote witnessingWitnesses could be present by video link rather than physically in the room.Both witnesses must be physically present at the same time. The temporary COVID-19 video-witnessing easement ended on 31 January 2022.
Abolish the marriage-revocation ruleGetting married would no longer automatically cancel an existing will — partly to protect elderly people from predatory marriage.Marriage or civil partnership revokes an existing will, unless it was made in contemplation of that marriage.
Capacity test aligned to the Mental Capacity Act 2005The Victorian-era Banks v Goodfellow capacity test would be replaced with the modern MCA 2005 test used everywhere else in law.Capacity is judged under the Banks v Goodfellow common-law test.
A court dispensing powerCourts could uphold a document as a will even where it fails the strict signing formalities, if satisfied it genuinely reflects the person’s intentions.All-or-nothing: a will that fails section 9 is invalid, full stop.
Minimum will-making age of 16Sixteen- and seventeen-year-olds could make wills.You must be 18 (narrow exceptions for soldiers on active service and mariners at sea).

Timeline

  • 16 May 2025— the Law Commission publishes its final report, "Modernising Wills Law", together with a draft Wills Bill (Law Commission — Wills project).
  • Awaiting — a formal government response and a parliamentary slot. No confirmed timetable as of July 2026.

If you are making a will now

Today's rules apply, in full:

  • Print your will and sign it in wet ink.
  • Sign in front of two witnesses, both physically present at the same time.
  • Each witness signs in your presence, with name, address and occupation.
  • Never let a beneficiary (or their spouse/civil partner) witness — their gift fails.

Do not wait for the Bill: there is no timetable, and dying without a will means the intestacy rules decide everything. If the law later enables electronic wills, updating will be simple — and with SwiftWill, free.

Get notified when the law changes

One email when the Bill moves — government response, parliamentary stage, or Royal Assent. No marketing sequence, easy unsubscribe.

Sources: Law Commission, "Modernising Wills Law" (final report and draft Bill, 16 May 2025); current law per Wills Act 1837, s.9 and gov.uk/make-will.

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Written by Eleanor Vance, Will-writing professional at SwiftWill. Checked by SwiftWill's legal content review against primary sources (gov.uk and legislation.gov.uk). Last reviewed July 2026.