Half of UK adults do not have a will. That was the finding of research by Canada Life in 2023, and the number has stayed stubbornly high for years. Meanwhile, wills law in England and Wales could be about to see its biggest shake-up since 1837, including electronic wills becoming legally valid for the first time. So should you wait for the new rules before sorting yours? In short, no. Here is what is being proposed, what the law still says today, and why waiting is the one thing we would not recommend.

What is being proposed?

On 16 May 2025, the Law Commission published a report called Modernising Wills Law, along with a draft Bill that would replace the Wills Act 1837, the Victorian legislation that still governs how wills are made today. The key recommendations, in plain English, are:

• Electronic wills. Wills made and signed electronically would be legally valid, provided they meet strict safeguards to make sure they are safe and reliable.
• Marriage would no longer cancel your will. At the moment, getting married or entering a civil partnership automatically revokes an existing will. The Commission recommends abolishing this rule, partly to protect people from so-called predatory marriages.
• Wills from age 16. The minimum age for making a will would drop from 18 to 16.
• A safety net for informal wills. Courts would gain a power to accept a will that does not tick every formal box, where they are satisfied it reflects the person's settled wishes.
• Clearer rules on capacity and pressure. A single test for mental capacity, using the Mental Capacity Act 2005, and courts able to infer undue influence where there are reasonable grounds to suspect it.

So when does wills law actually change?

That is the catch: nobody knows. The government welcomed the report on the day it was published and promised to give it detailed consideration. Its most recent report to Parliament on Law Commission recommendations, in February 2026, still listed the wills reforms as awaiting a decision, with further announcements promised in due course. The Law Society publicly urged the government to act in November 2025. More than a year on from the report, there is no Wills Bill before Parliament and no timetable.

None of these changes is law yet. Until Parliament decides otherwise, the current rules apply in full.

The rules that apply today

Under the Wills Act 1837 as it stands, a will made in England and Wales must be in writing, signed by the person making it, and witnessed by two people who are physically present at the same time. You must be 18 or over. And if you leave a gift in your will to one of your witnesses, or to their spouse or civil partner, that gift is void, so choose your witnesses carefully.

Two points catch people out again and again. First, marriage or civil partnership still cancels any will you made beforehand, unless the will was written in expectation of that particular marriage or partnership. Plenty of people remarry without realising their old will stopped working on the wedding day. Second, video witnessing is over. A temporary rule during the pandemic allowed wills to be witnessed over video, but it only applies to wills made on or before 31 January 2024. Today, your witnesses need to be in the room with you.

Why waiting is the real risk

It might feel sensible to hold off until a shiny new system arrives. We would gently suggest the opposite. There is no date for reform, and it could be years away. In the meantime, if you die without a valid will, the intestacy rules decide who inherits, not you. If you are married with children, for example, your spouse or civil partner is entitled to your personal belongings and the first £322,000 of your estate, with the rest divided under fixed rules. For some families that works out fine. For many, especially blended families, it is a long way from what anyone would have wanted. Either way, you do not get a say.

And making a will now does not mean missing out later. A will is not a set-and-forget document. You can review and update it as your life changes and as the law develops.

What you can do now

If you do not have a will, make one under the current rules rather than waiting for rules that may be years away. If you already have one, dig it out and check it still says what you want, especially if you have married, entered a civil partnership or welcomed new family members since you signed it. And when you do sign, do it properly: two adult witnesses, together in the room, neither of them (nor their spouse or civil partner) a beneficiary. If you would like help getting it right, our Wills service keeps things simple, with fixed fees and no legal jargon.

One more thing: this article covers England and Wales. Scotland and Northern Ireland have their own wills laws (in Scotland, you can make a will from age 12), so if you live there, please take advice locally.

If you would like to talk through what this means for you and your family, you can book a free consultation with us. No pressure, just a friendly chat.

This article is general information for England and Wales, not legal or financial advice, and the rules can change. Please seek personal advice about your own circumstances.