Will Reforms 2025: Digital Wills and the Future of Inheritance

The law governing how we make Wills in England and Wales dates back to 1837 — before the telephone, let alone the internet. In May 2025, the Law Commission published a landmark report proposing the most significant overhaul of Wills law in nearly 200 years. The report contains 31 detailed proposals, from electronic wills to new protections against undue influence.

In this guide, we break down what the proposed reforms actually mean, separate the headlines from the reality, and explain what you should do right now.

Why Are Will Laws Changing?

The Wills Act 1837 was drafted in an era of quill pens and wax seals. While it has served remarkably well, modern life has exposed serious cracks. The COVID-19 pandemic brought the issue into sharp focus: temporary legislation had to be rushed through to allow video-witnessed wills, and when those emergency rules expired, the law snapped back to its Victorian requirements.

Beyond the pandemic, there has been a growing number of cases where perfectly clear wills have failed on technicalities — a witness standing in the wrong place, a signature in the wrong spot, or a minor procedural slip. The Law Commission concluded that the law needed a comprehensive update to reflect how people actually live, communicate, and manage their affairs today.

Key Proposals from the Law Commission

The report runs to hundreds of pages, but here are the six proposals most likely to affect you and your family:

What Are Digital Wills?

The idea of a digital Will has captured headlines, but the Law Commission's proposals are more cautious than many people realise. Electronic wills would only be valid if created using a "reliable system" — a term the Commission deliberately left flexible so it can adapt as technology evolves. The key requirements would include verifying the identity of the person making the Will, ensuring the document cannot be tampered with after signing, and creating a clear audit trail.

The Dispensing Power

Of all the proposals, the dispensing power may have the most immediate practical impact. It would allow courts to look beyond strict formalities and ask a simple question: does this document clearly reflect what the deceased wanted?

This power has been used successfully in Australia and New Zealand for decades. In those jurisdictions, courts have validated handwritten notes, unsigned drafts, and even text messages as valid wills — but only where the evidence overwhelmingly showed the deceased intended the document to operate as their Will.

What About Video Wills?

Video wills have been a hot topic in the media, but the Law Commission considered and ultimately did not recommend allowing video-only wills. The risks were judged to outweigh the benefits:

• Coercion and undue influence are harder to detect on camera than many people assume
• Videos can be edited, and proving authenticity raises significant challenges
• Long-term digital storage and format compatibility are not guaranteed
• Interpreting spoken words is inherently less precise than written text

That said, a video recording could serve as powerful supporting evidence under the proposed dispensing power. If someone made a video explaining their wishes alongside a written document that didn't quite meet the formal requirements, the video could help a court validate the written Will.

What This Means for Your Existing Will

If you already have a properly executed Will, you have nothing to worry about. Any new legislation would only apply going forward — it would not retrospectively invalidate wills made under the current rules. Your existing Will remains exactly as valid as the day you signed it.

When Will These Changes Happen?

The Law Commission published its final report in May 2025. The government has until May 2026 to respond formally with its position on each of the 31 recommendations. Even if the government accepts all the proposals, a draft Bill would then need to be prepared, debated, and passed through both Houses of Parliament.

Realistically, new legislation is unlikely to take effect before 2028 at the earliest — and that assumes the government prioritises it. Some proposals may be accepted while others are modified or shelved. The key point is that the current rules will remain in place for several years yet.

Our Advice Right Now

Don't wait for the law to change. If you don't have a Will, make one now under the current rules. If you do have one, review it to make sure it still does what you need. The best Will is one that exists, is properly executed, and reflects your current wishes — and that's true whether the law is from 1837 or 2028.

At Safe Harbour Legal, we help individuals and families across Bridlington and East Yorkshire make clear, legally sound Wills that protect the people who matter most. We'll keep a close eye on the reforms as they progress through Parliament, and we'll make sure our clients are always up to date.