The Wills Bill 2025 is set to introduce one of the most meaningful updates to succession law in England and Wales in almost two centuries. A central feature of the draft bill is the legal recognition of electronic wills, which could change how wills are made, witnessed, and challenged. This modernisation follows the Law Commission’s extensive review and is seen as long overdue in a digital-first society.

Understanding Electronic Wills

An electronic will is a legal document made, signed, and stored in a digital format. Under the proposed bill, these wills will be considered valid if they meet certain formalities. The traditional requirement of two witnesses remains in place, but these witnesses could be present via live video link, building on temporary changes tested during the pandemic.

To ensure legal certainty, the draft law proposes using secure platforms that can record the digital signature and the witnessing process. A central registry is also under consideration, which would allow authorised parties to locate and verify wills more easily during probate.

The Draft Wills Bill 2025: What It Proposes

The Wills Bill 2025, drafted following recommendations by the Law Commission, proposes wide-ranging reforms to modernise how wills are made and interpreted in England and Wales. The draft law includes:

  • Legal Recognition of Electronic Wills:The Bill allows valid wills to be created, signed, and stored digitally. They must meet core legal formalities to be valid, including being signed by the testator and witnessed (which may now happen via live video link).
  • Secure Digital Execution:Electronic signatures and secure digital platforms will be required to protect against fraud and undue influence. These platforms should log the date, time, and participants involved in the will-making process.
  • Remote Witnessing Made Permanent:The temporary COVID-era provision for remote witnessing will become a permanent feature of the law.
  • Revocation by Marriage Removed:The rule that a will is automatically revoked by marriage or civil partnership, unless made in contemplation of the event, will be abolished. This change is intended to protect vulnerable individuals from inheritance loss in the case of predatory marriage.
  • Minimum Age Lowered:The minimum age for making a valid will is reduced from 18 to 16, in line with other legal rights and responsibilities at that age.
  • Capacity Test Modernised:The old Banks v Goodfellow test will be replaced with the Mental Capacity Act 2005 framework, offering clearer guidance for determining testamentary capacity.

These proposals reflect modern ways of living and working, reduce unnecessary disputes, and promote access to proper estate planning tools.

What This Means for Inheritance Cases

The introduction of digital wills could reduce the number of intestacy cases by encouraging more people to make wills. Accessibility for individuals who are housebound or abroad will also improve. This shift is expected to reduce disputes based on technical errors, common when wills do not meet formal signing requirements.

However, there are important legal questions that courts and practitioners will need to address. For example, how should revocation work in the digital space? Can deleting a file truly be treated as an intentional act to cancel a will? These issues will need careful handling to avoid confusion during probate.

Additionally, while increased access is welcome, some worry that people may try to make wills without professional help. Poorly drafted or misunderstood clauses could still lead to challenges, even if the will is valid. Legal advice will remain key, especially in complex cases involving trusts, blended families, or overseas assets.

Security, Capacity, and Fraud Concerns

The move to electronic wills also raises security concerns. The draft bill includes requirements for advanced digital authentication, but safeguards must keep pace with evolving risks. Digital forgery, undue influence, and questions around testamentary capacity remain real threats. To address this, the Bill applies the Mental Capacity Act 2005 capacity rules and offers courts greater discretion to review potential undue influence.

Practitioners are also calling for public education to ensure people understand what a valid will is and what the law requires. Without this, new risks may replace old ones.

Final Thoughts

The Wills Bill 2025 marks a major step forward for succession law in England and Wales. By introducing digital wills as a recognised format, the law aims to meet modern expectations while still upholding critical safeguards. This reform brings both opportunity and responsibility for legal professionals, testators, and beneficiaries.

The success of the Bill will rely on practical implementation and awareness. Wills are too important to leave to guesswork, and sound legal advice is highly valuable in a digital age as it has been on paper.