The rules for writing a will in the UK are based on a framework that has remained largely unchanged for almost 200 years, and the growing number of disputes arising over estates in the last few years has suggested that reforms are needed. While the Wills Act 1837 established many fundamental principles that remain valid today, key aspects of the legislation have inevitably become outdated. These include the fact that wills must be written as physical documents because, at the time that the Wills Act passed, electronic documents could scarcely be imagined and electricity itself was not fully understood.

In 2017, the Law Commission began a consultation on reforming the Wills Act, and published its recommendations in a report called Modernising Wills Law in May 2025, along with a draft bill for a new act that would update the legislation. The document and draft bill address wide-ranging concerns about the existing legislative framework of wills in the UK, and present proposals designed to better protect vulnerable testators, uphold testators’ wishes and reform the processes by which the court can make decisions.

Given the need for reform, changes are welcome. At the same time, while the new measures are designed to provide important updates and minimise the risk of contentious probate disputes, there are concerns that changing (and, in some cases, removing) restrictions on how wills are created could have the opposite effect. 

What are the specific proposals?

The stated purpose of the proposed bill is to amend the law so that it “better [...] supports the exercise of testamentary freedom; [and] protects testators, including from undue influence and fraud.” While these aims are valuable in theory, the approach proposed in the draft bill could, in practice, introduce significant risks into the process of creating a will.

Some of the specific changes proposed in the bill include:

• Lowering the age at which a person can make a will from 18 to 16.
• Making it easier for wills to be rectified by the court.
• Applying the test for capacity introduced by the Mental Capacity Act 2005 to testamentary capacity, to verify that testators have the capacity to understand their will, know what it contains and approve of the contents.
• Introducing electronic wills.
• Giving courts more “dispensing power” to treat wills as valid, even if they do not meet the formality requirements.
• The abolition of automatic revocation of a will upon marriage or civil partnership.

The Law Commission’s report acknowledges that certain compromises have been made that are designed to incentivise people to make wills who otherwise might be discouraged by the legal confines that apply to the process. While removing some of the requirements could act as a way to support and encourage more people to make wills, it could also affect the security of wills in general in a way that could lead to a greater volume of disputes.

Could the reforms lead to more contentious probate cases?

In particular, reforms regarding the formalities of will-making are of concern from a contentious probate perspective, as ambiguity about a testator’s intentions or the legitimacy of a will could lead to disputes among beneficiaries about the terms and provisions contained therein. In cases where a later document exists but does not meet the legal requirements for a valid will, beneficiaries could be left to argue the testator’s intentions in court. A document that was never intended as a will could also be mistaken for and treated as such, which risks unfairly disinheriting certain parties on the basis of a misunderstanding.

The requirement that a will meet specific formalities to be recognised as legally valid - in particular, being signed by two independent witnesses in the presence of the testator - establishes clear standards that make it relatively straightforward to identify whether or not a will is binding. When these can be discounted, the result may be that more beneficiaries feel that they have grounds to challenge these documents in court, or to argue that documents that were never intended as a will by a testator constitute one under the new laws.

Another area of significant change is the simplified process for assessing a testator’s capacity to make a will. While this is designed to align the test with the modern Mental Capacity Act 2005 test, it cannot be ignored that the level of decision-making required for testamentary documents is different to the standards needed for day-to-day decision making. It could also introduce greater ambiguities as to whether or not someone’s will reflects their intentions. 

Finally, the creation of electronic wills could bring about a host of unforeseen consequences, and it will be important to monitor how these are implemented and treated by the court in order to anticipate or prevent disputes arising. It’s important to note that many vulnerable individuals are not computer savvy. The security of these documents and the circumstances surrounding their creation in particular, will be of great concern to testators and beneficiaries alike, as will the possibility of testators producing them without any professional input or guidance.

Working with a solicitor

If you have any concerns about how the new rules could affect your will, the best approach is to speak to a contentious probate solicitor . At Switalskis, our contentious probate experts stay ahead of any changes in the law to make sure our advice is practical and legally sound. As such, if you have any concerns about how a loved one’s will, or a document that may be interpreted as a will, is likely to be treated, get in touch with our team.

It is also important to note that the draft bill has not yet been approved or entered into effect, so there are no immediate changes to be aware of. If you believe that a relative’s will does not represent their wishes, the only option under current legislation is to challenge the document in court. Seeking advice from the experienced and knowledgeable lawyers in the Switalskis contentious probate team can help you to understand your options and take action, ahead of any legal changes that could make this more difficult.

Call our experts today on 0800 138 0458 or use the form on our website to get in touch.