--- title: "Wills Bill tracker" description: "Law Commission draft Wills Bill (16 May 2025): electronic wills, remote witnessing, marriage no longer revokes. Not yet law." url: "https://swiftwill.co.uk/wills-bill-tracker/" author: "Marcus Kaiser" date_modified: "2026-08-12" --- # Wills Bill tracker The Law Commission published a draft Wills Bill on 16 May 2025 proposing electronic wills, remote witnessing and an end to marriage revoking a will. None of it is law yet, and there is no timetable. Sign on paper with two witnesses today. Skip waiting for the Bill — dying intestate is worse than updating later. > SwiftWill provides legal information and software for England & Wales under Section 9 of the Wills Act 1837. Figures are taken from gov.uk, legislation.gov.uk and HMCTS, checked 12 August 2026. We have not given you legal advice — this is general information. 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 would the Wills Bill change? | 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). | ## What is the Wills Bill timeline? - **16 May 2025**— the Law Commission publishes its final report, "Modernising Wills Law", together with a draft Wills Bill ([Law Commission — Wills project](https://www.lawcom.gov.uk/project/wills/)). - **Awaiting** — a formal government response and a parliamentary slot. No confirmed timetable as of July 2026. ## Should you wait for the Wills Bill before making a will? 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](/intestacy-rules/) decide everything. If the law later enables electronic wills, updating will be simple — and with SwiftWill, free. ## How do you get notified when the Wills Bill becomes law? One email when the Bill moves — government response, parliamentary stage, or Royal Assent. No marketing sequence, easy unsubscribe. Email address Notify me Sources: Law Commission, "Modernising Wills Law" (final report and draft Bill, 16 May 2025); current law per [Wills Act 1837, s.9](https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9) and [gov.uk/make-will](https://www.gov.uk/make-will). ## Frequently asked questions ### Is the Wills Bill 2025 law yet? No. It is a draft bill attached to the Law Commission’s final report of 16 May 2025. It needs a government response and a parliamentary slot before any of it can become law, and as of now there is no confirmed timetable. The Wills Act 1837 rules continue to apply in full. ### Can I sign my will electronically under the new proposals? Not today. The Bill proposes electronic wills subject to a secure-system requirement, but until it is enacted, e-signatures remain invalid for wills. Sign on paper, in wet ink, with two witnesses in the room. We will update this page the moment anything changes. ### Will marriage still cancel my will under the new law? Under current law, yes — marriage or a civil partnership revokes an existing will unless it was made in contemplation of that marriage. The Bill proposes abolishing this rule (partly to protect elderly people from predatory marriage), but the change is not yet in force. If you are marrying soon, make your will after the ceremony or make it expressly in contemplation of that marriage. ### Would 16-year-olds be able to make wills? Under the Bill, yes — the minimum age would fall from 18 to 16. Today, you must be 18 (with narrow exceptions for soldiers on active service and mariners at sea). ### What is the court “dispensing power” the Bill proposes? A power for courts to uphold a document as a will even where it fails the strict signing formalities, if the court is satisfied it genuinely reflects the person’s intentions. This would soften today’s all-or-nothing execution rules — another reason the Bill matters — but it does not exist yet. ### Should I wait for the new law before making a will? No. There is no timetable, the Bill may change in Parliament, and dying without a will means the intestacy rules decide everything. Make a valid will under today’s rules now; if the law later enables electronic wills, updating will be simple — and with SwiftWill, free. Canonical HTML: https://swiftwill.co.uk/wills-bill-tracker/ Markdown: https://swiftwill.co.uk/wills-bill-tracker.md Last modified: 2026-08-12 Author: Marcus Kaiser (https://swiftwill.co.uk/author/marcus-kaiser/)