Could Will formalities be reformed? A look at proposed changes

Author: Chris, Will Writer - Fern Wills & LPAs

Last verified: 18 September 2025 (England & Wales)

Quick-read summary

The Law Commission is reviewing the rules that make a Will valid. Right now, a Will has to follow strict steps — for example, it must be signed in writing and witnessed by two people. If even one of those steps goes wrong, the Will can fail, no matter how clear someone’s wishes are.

The reform being discussed would give courts a “dispensing power”: in other words, the ability to approve a Will that doesn’t tick every technical box, if there’s clear evidence of what the person wanted.

This could help protect families from costly disputes when small errors happen — but it also raises questions about consistency and certainty.

What to consider

• Current law still applies. Until reforms are passed, every Will must meet the strict witnessing rules.
• Common errors can have big consequences. For example, signing the wrong page or having only one witness can invalidate a Will entirely.
• Other countries already do this. Courts in places like Australia and New Zealand can already validate imperfect Wills where intent is clear.
• For now, prevention is better than cure. A properly drafted and signed Will avoids the risk of families having to rely on courts later.

How this works in real life

Take Mrs Cole (not her real name). She prepared a homemade Will, but one of her witnesses later admitted they hadn’t actually seen her sign. Under current rules, the Will could be thrown out completely. If a dispensing power were introduced, a court might still accept it — but only after a stressful and expensive process for her family.

FAQs

Is this change law yet?

No. It’s a proposal under review. The current strict rules still apply.

Does this mean I can cut corners when making a Will?

No. Until any change happens, a Will that isn’t signed and witnessed correctly is at real risk of being invalid.

Why might reform be needed?

Because people’s genuine wishes can fail over small technicalities, leaving families in dispute.

Could reforms make things more uncertain?

Possibly. Courts would have to decide case by case, which could add uncertainty as well as flexibility.

What should I do now?

Make sure your Will is properly prepared and executed. That way, you don’t need to rely on a court’s discretion in the future.

Optional Technical Notes (for those who want the detail…)

The proposal focuses on section 9 of the Wills Act 1837, which sets out the formal requirements for a valid Will. The “dispensing power” would allow courts to accept a document that doesn’t fully comply if there is clear and convincing evidence of the testator’s intent. This mirrors provisions already in place in other common-law jurisdictions.

Next steps

At Fern Wills & LPAs, we’re keeping a close eye on the Law Commission’s review. For now, the safest course is still and always will be, a correctly drafted and signed Will. If you’d like to review your current Will — or make sure a new one is executed properly — we’re here to help.