UK Wills Law Reform 2026: The Government Missed Its Deadline — What It Means for Your Will

The Short Answer First

Your will is still valid. If you have seen headlines about missed government deadlines or wills law reform and wondered whether your will needs updating, the answer is: not because of anything that happened this month. The law governing wills in England and Wales has not changed.

Here is what has actually been going on — and why now is still one of the best times to make a will if you have not already.

What Is the Modernising Wills Law Reform?

In 2017, the Law Commission published Making a Will, its final report as part of the Modernising Wills Law project. After years of research and consultation, the Commission proposed some of the most significant updates to wills legislation in over 180 years.

Key proposals included:

• Electronic wills — allowing wills to be created, signed, and stored digitally under defined safeguards
• Lowering the minimum age for making a will from 18 to 16
• Greater judicial flexibility to recognise informal wills where the testator's wishes were clear, even if formalities were not fully met
• Updated rules for witnessing, to reflect the modern reality that families and witnesses may not always be physically in the same room

The report was widely welcomed by legal practitioners, consumer groups, and commentators. Many of its proposals were seen as common-sense modernisations of a law written in the reign of Queen Victoria.

But Law Commission reports are not law. They are recommendations. Turning them into legislation requires a formal government response, a parliamentary bill, and Royal Assent.

The Government Missed Its Deadline: What Happened on 16 May 2026?

Under the Protocol Agreement between the Law Commission and the government, ministers are expected to provide a formal response to Law Commission reports within a reasonable timeframe — typically one year of the report's finalisation or an agreed date.

For Modernising Wills Law, 16 May 2026 was the Protocol deadline for the government's full formal response.

That deadline has now passed without a response.

The only document currently on GOV.UK is a brief, one-page “initial welcome” statement published on 16 May 2025 — exactly one year earlier — which acknowledged the report and expressed broad support for reform. No substantive response, no draft legislation, no consultation, and no parliamentary bill has followed.

As of 19 May 2026, the government has not published anything further.

What Does This Mean for UK Wills Law Right Now?

In practical terms: nothing has changed.

The law of England and Wales still operates under the Wills Act 1837, as amended by the Administration of Justice Act 1982 and the Wills (Soldiers and Sailors) Act 1918. Until Parliament passes a Wills Bill and it receives Royal Assent, this is the law that governs how a valid will must be made.

That means a valid will in England and Wales must still:

1. Be in writing (handwritten or typed)
2. Be signed by the person making it (the testator)
3. Be signed in the presence of two witnesses who are not beneficiaries under the will, who must both be present at the same time
4. Be signed by both witnesses in the testator's presence
5. Be made by someone of 18 or over and of full mental capacity

Nothing about the government's missed deadline changes any of these requirements.

When Might Wills Law Actually Change?

With the deadline missed, when could a Wills Bill realistically reach the statute book?

Based on parliamentary timeline data, a bill introduced in the 2026/27 parliamentary session now looks increasingly unlikely. Legislative slots are finite and competitive. The more realistic window — assuming the government signals intent in the coming months — is the 2027/28 parliamentary session at the earliest.

Even this should be treated as speculative. Law Commission reform bills have historically taken several years to progress from recommendation to legislation, and wills reform must compete with many other legislative priorities.

The bottom line: substantive changes to wills law in England and Wales are most likely still one to two years away, and possibly longer.

Is My Will Still Valid in 2026?

Yes — if it was properly executed.

If your will was properly executed under the Wills Act 1837 — written, signed, and witnessed correctly — it is fully valid today. The government's inaction on wills reform has no effect on the legal standing of wills already in existence.

The reasons you might want to review or update an existing will have nothing to do with the Law Commission report. The most common reasons are:

• Marriage (which automatically revokes an existing will in England and Wales)
• Divorce or separation
• The birth of children or grandchildren
• Changes to your assets or financial circumstances
• The death or incapacity of a named executor or beneficiary

If any of these apply to you, now is a good time to look at your will regardless of what is happening in Westminster.

Why Making a Will Now Is the Sensible Move

The government's inaction on wills reform is, counterintuitively, a reason to act — not to wait.

The current law is known and settled. A will made correctly under the Wills Act 1837 today is legally sound and will be recognised by the courts. You are not gambling on future legislative details.

Future reform will almost certainly protect existing wills. When wills law does eventually change, the legislation will include transitional provisions protecting validly executed wills made under the current rules. There is no scenario in which a correctly made will suddenly becomes invalid because the law updated around it.

Waiting has a real cost. Every year, thousands of people in the UK die without a will. When that happens, the intestacy rules determine who inherits — and the outcome may bear no relation to what the deceased would have wanted. Partners who are not married or in a civil partnership receive nothing under intestacy. Stepchildren, friends, and charities are excluded entirely.

Your circumstances keep changing whether the law does or not. A will made today can be updated whenever your situation changes. A will you never got around to making cannot protect the people you care about.

WillSafe Templates: Fully Compliant Under Current Law

All WillSafe will-writing templates are drafted to comply with the Wills Act 1837 and current English and Welsh law. No changes to our documents are required as a result of the government's missed Protocol deadline.

Whether you are making a will for the first time or reviewing one you made several years ago, WillSafe gives you a clear, practical route to getting it done.

At a Glance

FAQ: UK Wills Law Reform 2026