Proposed Wills Reform Act 2025: What’s Changing — and Why It Matters

Although there have been alterations to this act throughout the years, could further change be on the horizon through the proposed Wills Reform Act 2025?

Why change is needed

We asked Ellie Jaggard-Osbourn, Private Client Solicitor at Taylor Rose, why this reform is so important for the future of Will writing. She explained, “The current laws are outdated and do not reflect modern life, relationships, or technology. As family structures and digital assets become more complex, too many people are left exposed to disputes, confusion, and unintended outcomes. The Wills Reform 2025 aims to modernise the law, making it more accessible, flexible, and relevant today.”

The Wills Reform Act 2025 is currently a hot topic being deliberated amongst both legislators and legal personnel. Here’s the highlights:

Wills reform aims to simplify capacity rules

One of the most talked-about aspects of the proposed Wills Reform Act 2025 is mental capacity. Currently, capacity is assessed differently in England and Wales depending on what tasks are to be undertaken. For most legal decisions, capacity is assessed under the Mental Capacity Act 2005, where there is a two-stage test: is there an impairment to the mind (diagnostic) and can an individual understand information and communicate this (functional).

However, to make a Will, the test is not one written in legislation but instead taken from the iconic case of Banks v Goodfellows 1870. Nearly 200 years old, this is a four-part test detailing the requirements for making a valid Will. The person:

• must appreciate the nature and consequences of making a Will.

• must understand the extent of their property.

• should consider any moral claims to their Estate.

•  must not be affected by any disorder of mind or insane delusion. 

As a result, someone might pass the legal test under the Mental Capacity Act but still fail the Banks v Goodfellow standard. There is also debate about whether the capacity to make other life-changing decisions, such as getting married, is being assessed to the same standard — a grey area that has attracted attention due to the rise of so-called ‘predatory marriages’, where vulnerable individuals may be taken advantage of.

The reform could align both tests and create a single, universal standard.

Should marriage still revoke a Will and should cohabiting partners have the same rights?

Another issue under discussion in the Wills Reform Act 2025 is whether getting married should automatically revoke a Will — a rule that often catches people by surprise.

Currently, if a Will is drafted without an anticipation of marriage clause and the person gets married, the Will is deemed revoked. This means that once they marry, their intended beneficiaries may not inherit their estate.

Even more troubling is that the legal capacity needed to marry is lower than the capacity required to make a valid Will. This has led to a rise in ‘predatory marriages’ - where vulnerable individuals are manipulated into marriage - and as such the reform could potentially be crucial in preventing such acts and provide greater protection.

The second aspect recognises ‘cohabitees’, there are numerous claims made by cohabitees annually. Currently, if a couple isn’t married and one partner dies without a Will, the surviving partner has no automatic legal right to inherit. In many cases this has turned into lengthy and costly disputes. As such, if this is reformed this could be crucial in protecting modern families and unmarried couples if a Will was not made.

Electronic Wills: The future of Estate Planning

Clients often ask if they can sign a Will electronically. With legislation dating back nearly 200 years, there are no provisions for ‘Electronic Wills’.

While Electronic Wills could offer convenience and reflect how people live and work today, they raise important questions. Current law requires two witnesses to be physically present at the same time to see the testator sign the Will. Proving that requirement has been met is more complex in a digital environment. Security is another concern: would digital Wills be stored in a central database, and if so, how could they be safeguarded against hacking or loss?

The Wills Reform Act 2025 may pave the way for Electronic Wills, but experts stress that robust systems and safeguards must be in place before they become a reliable legal option.

Although the Act is not yet in force, these potential changes should be considered when making or updating a Will. The team at Taylor Rose is closely following its progress and can advise on how to ensure your Will reflects current law, with the flexibility to adapt to future reforms. Get in touch with the team via our contact form.