How New Changes Could Affect You and Your Family
Introduction
Thinking about what’ll happen to your things after you’re gone isn’t always easy, but making a Will is one of the best ways to make sure your wishes are followed. The Law Commission’s 2025 report is shaking things up, suggesting big changes to the rules surrounding making Wills in England and Wales. If you’re wondering what this all means for you, your family, or anyone trying to sort out their affairs, this easy guide will break it all down.
Why Change the Law Now?
The main law about Wills has been around since 1837—that’s nearly 200 years! But life isn’t the same as it was back then. Families look different, people live longer, and we do so much online. The old law can be strict, meaning people’s wishes sometimes would get ignored just because of small mistakes or because the law hasn’t kept up with the times. That’s why the Law Commission has spent time (9 years, actually) coming up with suggestions that would make things simpler and more attuned to modern life.
The Big Changes (And What They Mean for You)
1. Making Things Simpler
Right now, writing a Will is pretty rigid—you have to write it out, sign it, and have two people watch you sign at the same time. These rules are meant to stop arguments and fraud, but they also mean people sometimes mess up and their Wills are thrown out on a technicality. Some of the proposed changes would have the following impact:
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Small changes to formalities: Whilst not suggesting any major changes, the Commission recommend that the requirement for the witnesses to attest when they sign the Will in the presence of the testator should also apply when they acknowledge their signature in the presence of the testator – put simply: Witnesses should be able to sign in the presence of the testator as well as not in their presence, but acknowledge their signature after the fact, and this should be sufficient.
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What does ‘attest’ mean, I hear you ask. Yes, well that’s something else the Commission sought to clarify however upon review it became clear defining the word or changing it to something more ‘modern’ would have caused a range of issues. So, I’ll leave you with the dictionary definition which states “to bear witness to; certify; declare to be correct, true, or genuine; declare the truth of, in words or writing, especially to affirm in an official capacity”.
2. Going Digital
The report suggests letting people make Wills electronically - typing them out, signing with an e-signature, maybe even having witnesses watch you sign over a video call (which was something that came about during the Covid-19 lockdown). This proposed change would provide a convenience layer to preparing Wills. If you can make and sign your Will online, it’s easier for people who can’t travel or during things like pandemics. Its also great news for those of us who are time poor, dealing with the juggle of modern life – demanding careers, children or other care responsibilities.
The commission have however made clear, to ensure protection for testators, additional formality requirements should be considered. Those are as follows:
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The testator and the witnesses are linked to their signatures at the time of signing.
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The original or authentic Will is identifiable from copies of it; and
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The original or authentic Will is protected from unauthorised alteration of destruction.
3. Relationships and Wills
The report has also looked at the tricky situations which occur when a person marries after making a Will. The Commission suggests the removal of the rule that a Will is automatically revoked following marriage. This would avoid circumstances in which vulnerable people are preyed upon and enter into marriages, thus disinheriting their chosen beneficiaries.
What Should You Do?
If you’re thinking about your Will, here are some steps you can take:
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Check Your Will: Even if none of this is law yet, it’s a good idea to look at your Will and see if it still fits what you want.
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Think About Going Digital: If you like the idea of an online Will, keep an eye out for these changes.
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Be Clear: Keep good notes about your wishes and talk to your loved ones, especially if your situation is complicated.
Conclusion
The Law Commission’s new ideas could make Wills much simpler, fairer, and easier to make—especially for people who find the current process difficult. Whether you’re planning your own Will or helping someone else, these changes are about making sure people’s wishes are respected, no matter how life or technology changes. Keeping up to date and making clear plans now will help you (and your family) be ready for whatever comes next. Lastly it is imperative you speak to a qualified professional about making changes to your Will or preparing a Will for the first time.
If you need any advice in preparing a new Will, please contact a member of our Wealth Management and Taxation team on 01494 521 301.