Draft Wills Bill proposes significant reforms to charitable Will making environment

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On 16 May 2025, the Law Commission released the draft bill for a new Wills Act, proposing significant reforms to modernise the law of Wills in England and Wales. The recommendations aim to make Will making more accessible and reflective of contemporary society. The draft legislation now sits with Government to confirm what proposals will be implemented.

Given the potential impact of these reforms on legacy giving — a vital income stream for many charities — it is crucial for organisations across the sector to be aware of and consider the implications of likely changes. Understanding the proposed legislation will help ensure that charities can continue to plan sustainably and ensure fundraising strategies reflect the changing landscape for charitable Wills.

Remember A Charity contributed to the Law Commission's supplementary consultation jointly with the Institute of Legacy Management (ILM), advocating for the interests of the charity sector.

Vice Chair of Remember A Charity and Director of Fundraising at The Duke of Edinburgh’s Award, Alex McDowell, said:

“We welcome the ambition behind these proposed reforms to modernise Wills law, particularly when it comes to making it easier for people to leave gifts to the causes they care about, so long as the appropriate safeguards are put in place.

“This is a complex area of law, and it will take time to fully understand the implications for charities and legacy giving. We are committed to working with government, legal experts, and the wider charity sector to explore what this means in practice and to ensure the voice of the sector continues to be heard.”

The proposed changes include:

  • Validating electronic Wills, subject to certain protection measures and safeguards
  • Abolishing the law that revokes a person’s Will when they marry or enter a civil partnership, reducing the risk of predatory marriage
  • Lowering the minimum age at which a person can make a Will from 18 to 16
  • Clarifying that the requirements for mental capacity will be based on the modern test in the Mental Capacity Act 2005
  • Making it easier for a person's wishes to be granted when a Will does not comply with formality requirements but their intentions are clear
  • Increasing protection for those coerced into making a Will 

James Stebbings, Chair of the ILM, said:

“We welcome the Law Commission’s proposals, which we believe will help ensure that people’s final wishes will be upheld by the law. The report is ambitious and boldly addresses the concerns that the charity sector has had with the existing legislation. There is a lot to digest but we will work with our members to identify what the implications of the changes will be and to help them adapt to these.”  

McDowell adds:

“While these are only proposals at this stage and it's over to government to decide what legislation will be taken forward, this is a key moment in the evolution of the environment for charitable Wills. Legacy giving is a vital income stream for charitable organisations across the UK and it is essential that we have robust and relevant rules in place to protect the public and enable philanthropy.”