Modernising wills: what it means for financial planners and solicitors

Wills are the single most important document of an estate plan. But despite society and technology having advanced dramatically, the legislation that underpins wills has hardly shifted since the Wills Act of 1837.

However, that is set to change.

In May 2025, the Law Commission published a report titled Modernising Wills Law, its first comprehensive review of wills in nearly 200 years. Although the proposals are not yet law, many of them are expected to be enacted in the near future.

The recommendations outlined in the report seek to:

• Support testamentary freedom
• Protect testators from undue influence and fraud
• Increase clarity and certainty in the law
• Adapt to the modern digital age.

The recommendations will likely bring significant changes to will writing practices, and it’s important that our sectors understand their implications so we’re best positioned to assist our clients.

Read on to learn more about the key proposal and how financial planners and solicitors can work together to ensure our clients’ wishes are protected.

The proposed reforms could reshape will-making

While the reforms haven’t yet been implemented, a decision on how to proceed with them is set to be made in May 2026, and analysts predict some or all of the recommendations will be taken on.

Here are several of the key proposals.

Recognising electronic wills

One of the most notable recommendations is to recognise electronic wills. With suitable protections, courts might even accept video or audio evidence to confirm the testator’s intent.

This could reduce barriers for many people, especially since more than half of UK adults currently have no will in place. The ease and simplicity of a digital option may encourage them to act.

Lowering the age threshold

The minimum age to make a will is currently 18, but this could be lowered to 16. This acknowledges that younger people often hold assets and should have the ability to set out their wishes.

This could open up important conversations with families about involving the next generation in planning earlier than before.

Marriage may no longer revoke an existing will

As it stands, entering a marriage or civil partnership usually automatically invalidates any previous will unless specifically stated otherwise. However, the reforms could end this automatic revocation.

The change could prevent potentially predatory situations where vulnerable people marry and end up leaving their assets to their new spouse.

However, it also means clients will need to be reminded to review their wills after life events, rather than relying on the law to do so.

Stronger action against undue influence

The proposals suggest giving courts greater powers to intervene when there are signs of manipulation or coercion in the writing of a will. In some circumstances, the person benefiting from a suspicious change could bear the burden of proof.

Witnessing rules may also be tightened. For example, to cover cohabiting partners, giving advisers more tools to protect clients from abuse.

A new approach to assessing capacity

Currently, mental capacity for making a will is judged using a ruling from 1870. The report recommends replacing it with a test aligned to the Mental Capacity Act 2005.

A new code of practice would support this, offering clearer guidance for professionals while requiring them to adapt to new standards.

Why the reforms matter for clients

Once enacted, these updates may trigger the need for many clients to revisit their wills.

For some, this will mean checking that their current arrangements remain valid. For others, it may be an opportunity to take advantage of new options such as electronic wills or earlier planning for younger family members.

The reforms are an important moment to raise awareness and encourage clients to act and update their wills before confusion or disputes arise.

The importance of collaboration between solicitors and financial planners

The proposed reforms will undoubtedly affect both the legal and financial aspects of estate planning. Some changes could simplify the process, while others may require more careful monitoring. Either way, collaboration between our sectors will be essential.

Indeed, under the proposed changes, holistic estate planning that considers both the financial and legal elements together could help to:

• Reduce the risk of conflict, as collaboration ensures consistency between legal documents and financial structures. This can be particularly useful when working with blended or complex family setups.
• Improve tax efficiency and compliance.
• Simplify and streamline communication, ensuring clients benefit from a clear, unified message rather than conflicting advice.
• Alert clients and other professionals of potential issues that may have been overlooked.

Ultimately, modernising wills is about making the law fit for today’s world. While it will likely benefit our clients and others going forward, it’s important that all parties are familiar and on the same page with the changes to ensure the best outcomes.

Get in touch

To find out more about how our sectors can work together for the benefit of our mutual clients, get in touch.

Email info@fbwealth.co.uk or call us on 0333 1122211.

Please note

This article is for general information only and does not constitute advice. The information is aimed at retail clients only.

All information is correct at the time of writing and is subject to change in the future.

Please do not act based on anything you might read in this article. All contents are based on our understanding of HMRC legislation, which is subject to change.

The Financial Conduct Authority does not regulate estate planning or will writing.