The Law Commission’s 2025 review of the Wills Act 1837 marks a pivotal moment in the modernization of UK succession law. As financial advisers, mortgage advisers, and professional estate planners, understanding the implications of this review is crucial to ensuring your clients’ wishes are protected and legally enforceable in an increasingly digital and complex world.

It should be noted that these are currently recommendations only no changes to the law have yet taken place.

Key Areas Under Review

• Testamentary Capacity

The review is considering replacing the traditional Banks v Goodfellow test with a modern, statutory framework, potentially aligned with the Mental Capacity Act 2005 in relation to testamentary capacity.

Implication: A clearer statutory test could help advisers better assess and document capacity, particularly in cases involving vulnerable or elderly clients.

• Electronic Wills

Most of the Law Commissions consultees still do not support the introduction of electronic wills. However, it has nevertheless decided that a new Wills Act should contain a regulation-making power by the which the government could detail how the formality requirements for an electronic will should be satisfied

Implication: Professionals may soon need to navigate new digital platforms and authentication protocols as part of the will-making process.

• Undue Influence and Fraud

To better protect testators, particularly the elderly and vulnerable, the Commission proposes allowing courts to infer undue influence based on surrounding circumstances, rather than requiring direct evidence.

Implication: Greater emphasis may be placed on record-keeping, adviser independence, and transparent communication with clients.

• Abolition of Automatic Revocation by Marriage

The review includes whether marriage should continue to automatically revoke a will—a rule many consider outdated given today’s relationship dynamics.

Implication: Advisers must stay vigilant about life events affecting clients’ testamentary documents and offer proactive planning advice.

• Lowering the Age for Making a Will

The proposal suggests reducing the minimum age to make a will from 18 to 16. This aligns with the Mental Capacity Act 2005, which governs decisions for individuals aged 16 and over, and acknowledges the capacity of younger individuals to make informed decisions about their estates.

Implication: Client demographics may be changing and advisers may need to adapt their approach to best consult with a  younger client base.

The commission also made further recommendations with regard to extending restrictions on who can act as a witness to a will along with granting courts dispensing powers in relation to validating wills that don’t meet formal requirements along with other aspects that will be explored further in the fullness of time.

What should you as a professional adviser do now?

It’s essential that you stay informed and BTWC will be following developments in the Law Commissions consultation process and next steps expected later in 2025. We’ll also be working with you to audit processes to ensure that we are all well prepared for evolving practices regarding will instructions, capacity assessments and documentation to ensure we align with future reforms.

From client perspective, the recent announcements may cause some initial confusion but it’s important to keep in mind that the law commission reports contains recommendations only. Advisers are well placed to continue to educate clients about the importance of having an up-to-date and legally valid will, especially in anticipation of changes that could make the process more accessible but potentially more complex.

It's also important that we all continue to collaborate across professions. Combing legal, financial, tax and property specialisms as far as possible will ensure that clients receive cohesive future proof advice.

Conclusion

The 2025 review of the Wills Act 1837 presents both a challenge and an opportunity. For financial advisers, mortgage specialists and estate planners, it’s a chance to modernise practices, enhance client service and build trust through proactive guidance. By anticipating changes now, professionals can be at the forefront of best practice in succussion and legacy planning.