Jurisdiction(s):
United Kingdom

Wills reform in England and Wales: Law Commission draft Bill—electronic wills, aged 16+ testators, MCA 2005 capacity, undue influence presumption, dispensing power, marriage not revoking wills

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Practice notes

Following the Government’s reply to the Law Commission’s Modernising Wills: Final report, ministers accept that reform is required and have indicated that further announcements will follow once all 31 recommendations have been reviewed. The accompanying draft legislation reflects the report’s proposals, including repealing the Wills Act 1837 and introducing a new, future‑ready statute, as set out in Modernising Wills: Final Report Volume II: draft Bill for a new Wills Act...

What is the position with the Wills Bill?

The Law Commission issued the draft Wills Bill as Volume II alongside its report on modernising the law of Wills...

What are the key provisions of Wills Bill?

The Wills Bill seeks to re-enact the Wills Act 1837 in updated language together with 31 recommended reforms from the extensive report. The principal planned changes are:

Power to make a Will and dispose of property by Will: section 1 confirms that an individual may make a Will, with additional detail set out in Schedule 1...
Testator aged 16 or over: section 2 reduces the qualifying age from 18 to 16...

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Web page updated on 22/05/2026

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