Wills have long offered people around the UK a way to manage their estates and pass their assets on to their loved ones.

Despite significant legal and technological advancements over the past few decades, the law governing wills has remained largely unchanged since the Victorian era. Indeed, the Wills Act of 1837 is one of the oldest statutes still in routine use.

However, this is all set to change soon.

On 16 May 2026, the UK Law Commission published its final report, Modernising Wills Law, the first review of estate planning legislation in nearly two centuries.

The reforms included in the report aim to bring laws around wills into the 21st century, seeking to:

• Support testamentary freedoms
• Protect individuals
• Introduce clarity and flexibility
• Adapt to the modern digital age.

These reforms have so far only been outlined in the report and haven’t yet been implemented. Still, they’re expected to become law soon, so you and your clients need to understand the changes now so you can adequately prepare.

So, continue reading to discover the key proposed reforms, and how financial planners and solicitors can work together to protect their clients’ wishes.

5 of the key changes proposed in the reforms

1. The introduction of electronic wills

One of the more significant proposals could be the introduction of electronic wills. This would allow a will to exist in a digital format without the need for paper or an ink signature.

Of course, safeguards would be required to ensure the will couldn’t be tampered with and that it could be linked to the person who made it.

This might mean courts will have the power to accept video or audio recordings as valid testimonies in certain circumstances.

The development could make it far easier for people to put a will in place. This is especially practical given that the Money & Pensions Service reveals that 56% of UK adults over the age of 18 don’t have a will.

2. Lowering the age to make a will

Another recommendation is to reduce the minimum age for making a will from 18 to 16.

This change recognises that younger people can have assets and wishes of their own, and that they typically have the capacity to make decisions about who their estate should pass to.

For planners and solicitors, this could create an entirely new group of clients to think about. They could even encourage families to involve their children more in conversations regarding estate planning.

3. Marriage and civil partnerships could no longer automatically revoke wills

Currently, when someone marries or enters a civil partnership, their existing wills are typically revoked. Without a subsequent review, this often leaves someone without a valid will.

The proposed reforms would change this entirely, and marriages would no longer automatically cancel a previous will.

This could help with “predatory marriages”, where a vulnerable person marries and unintentionally revokes their will, leaving assets to their new spouse. The change could also avoid accidental intestacy.

However, this does mean that you’ll need to encourage clients to review their wills after marriage, rather than them assuming the law will sort it out for them.

4. Rules around undue influence might be tightened

“Undue influence” is when someone pressures or manipulates another person into changing their will. It is difficult to prove, as it often occurs behind closed doors.

The Law Commission has recommended giving the courts more power to step in and make a change.

In some cases, the burden of proof could even move to the person benefiting from a suspicious will change.

The rules around who can witness a will could also be tightened to exclude cohabiting partners.

This might give professionals more tools to protect vulnerable people, making it more important than ever to document decisions carefully and inform clients how to identify the red flags.

5. Potential changes to mental capacity checks

The test currently used for assessing mental capacity for making a will comes from an 1870 case, Banks v Goodfellow. Because of its age, the case law doesn’t reflect today’s understanding of mental capacity.

As such, the Commission wants to replace it with a single test based on the Mental Capacity Act of 2005.

A new code of practice would guide professionals in assessing capacity, and anyone involved in preparing wills would be expected to follow it.

While this could make the laws clearer and more consistent, it will mean adjusting to new rules. Financial planners and solicitors will both need to understand the updated regulations so they can follow them confidently.

The new rules could prompt clients to have a comprehensive review of their wills

Once the reforms have been passed, many of your clients will need to review their wills.

For some, this will involve ensuring that any existing arrangements outlined in the documents remain valid.

For others, it might be a new opportunity to take advantage of the changed rules. For instance, younger people wanting to put their wishes in writing, or clients who prefer a digital format for their will.

Of course, life events will remain important milestones to change a will. Even if the rules on marriage revocation change, a review after marriage, divorce, or changes in the family will still be vital.

Ultimately, raising awareness now could encourage clients to be proactive, helping them avoid confusion or disputes if the laws change suddenly.

Collaboration between financial planners and solicitors could ease the path to the reforms

The proposed reforms will affect both solicitors and planners, as they straddle both legal and financial advice.

Some changes will make wills easier to put in place and could potentially create more demand. Others might even make disputes far less likely, but only if you, as a professional, can help your clients understand and adapt to the new rules.

This is why collaboration between planners and solicitors is so vital. By working together, you could:

• Share any knowledge on the complexities of the new rules
• Hold joint client updates where you explain what the reforms might mean for them
• Coordinate when you review clients’ estates to ensure all financial and legal aspects remain aligned
• Provide reassurance that your clients’ wishes will be respected.

While the modernisation of wills could make estate planning more accessible and fairer, it is also a reminder that expert advice works best through collaboration between professionals.

Get in touch

We could work with you to ensure that your clients’ wills and estates are suitably organised, both now and in future.

Email info@blueskyifas.co.uk or call us on 0118 987 6655 to find out more.

Please note

This article is for general information only and does not constitute advice. The information is aimed at retail clients only.

All information is correct at the time of writing and is subject to change in the future.

Please do not act based on anything you might read in this article. All contents are based on our understanding of HMRC legislation, which is subject to change.

The Financial Conduct Authority does not regulate will writing.