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
| Proposal | What it would do | The law today |
|---|---|---|
| Electronic wills | A 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 witnessing | Witnesses 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 rule | Getting 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 2005 | The 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 power | Courts 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 16 | Sixteen- 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.