Modernising Wills Consultation: What the Government Delay Means for You

The law governing how wills are made in England and Wales has not changed for almost two centuries. Since September 2024, a Law Commission consultation and subsequent report have set out detailed proposals for reform. The Government was expected to respond by May 2026 — but that response is now overdue. If you have made a will, or are thinking about making one, here is what you need to know.

What Is the Modernising Wills Consultation?

In September 2024, the Law Commission published its consultation paper on reforming the rules for making a valid will in England and Wales. The paper examined the Wills Act 1837 — the statute that has governed will-writing for nearly 190 years — and asked whether those rules still serve people well in the modern world.

Following responses to that consultation, the Law Commission published its final report, Making a Will, in May 2025. That report set out formal recommendations to Government, including proposals to allow electronic wills, to end the rule that marriage automatically revokes an existing will, and to reduce the minimum age for making a will from 18 to 16.

These are recommendations by an independent expert body. They do not become law unless and until Parliament passes legislation to implement them.

Where Does the Government Response Stand?

The Government was expected to publish its formal response to the Law Commission's recommendations by May 2026. As of 13 June 2026, that response has not been published. In summary:

• No Government response has been published.The Law Commission's recommendations are awaiting a formal reply from ministers.
• No Wills Bill has been introduced. Parliament has not begun debating any legislation to change the rules for making a valid will.
• No draft legislation has been published. There is no bill in preparation that is publicly available.
• The Wills Act 1837 remains in force. The governing law has not changed.

A Government response is only the first step in a long process. Even if ministers endorse the Law Commission's recommendations in full, further stages would typically follow: a draft bill, parliamentary scrutiny, committee consideration, and a vote in both Houses. Reform of this kind ordinarily takes several years from recommendation to Royal Assent.

What This Means for Your Will Today

Nothing changes yet. The existing rules apply in full. To make a valid will in England and Wales today, you must:

• Be aged 18 or over (with a narrow exception for members of the armed forces).
• Have the required mental capacity — understanding what a will is, what you own, and who your beneficiaries are.
• Sign the will in the presence of two independent witnesses, who must both sign in your presence.

A will that meets those requirements is fully valid under current law. If you have already made a will through WillSafe, it is legally effective today and will remain so unless you revoke or replace it.

Electronic wills are notyet legal. Despite the Law Commission's recommendation, there is no legislation permitting a will to be signed or witnessed digitally. A will made on a computer must still be printed, signed in ink, and physically witnessed.

Should You Wait Before Making a Will?

No. The most important reason to make a will is to ensure that your wishes are recorded and legally enforceable in the event of your death. Waiting for a law that has not yet been introduced — and may not arrive for several years — means you could die without a valid will in place.

If you die without a will, the intestacy rules decide who inherits your estate. Those rules follow a fixed legal order of priority and may not reflect your actual wishes. A partner you live with but are not married to, for example, inherits nothing under intestacy, regardless of the length of your relationship.

A will made today, using WillSafe's Single Will Kit, is legally valid and effective under the Wills Act 1837. If the law does change in the future, you can update or replace your will at that point if needed.

What WillSafe Is Doing

WillSafe monitors developments in wills and estate-planning law daily. If the Government publishes its response to the Law Commission, introduces a Wills Bill, or if Parliament passes legislation that changes the rules for making a valid will, we will:

• Update our templates and guidance to reflect any new requirements.
• Notify existing customers of any changes that are relevant to wills already made through WillSafe.

You do not need to monitor the situation yourself — we will keep you informed if anything that affects your WillSafe documents changes.

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