The National Wills Report 2025 makes for sobering reading. Despite increased awareness, a large proportion of the population still does not have a valid will. For those that do, many have not reviewed theirs in years, meaning it may no longer reflect their wishes or family circumstances.

At the same time, the Law Commission’s final report on Modernising Wills signals the most significant reform in nearly 200 years. Proposals include recognising electronic wills, updating capacity tests, and removing the outdated rule that marriage automatically revokes a will. Together, these developments present both challenges and opportunities – and underline the importance of forward planning.

Why this matters for families and individuals

The risks of an outdated or invalid will are significant. Disputes are becoming more common, often fuelled by questions around capacity or undue influence. The National Wills Report highlights this trend and emphasises the need for careful preparation.

In East Anglia, where many families hold diversified wealth across property, agriculture and business interests, these risks are particularly relevant. We frequently advise clients whose estates span farmland, cross-border investments and multi-generational planning. The consequences of an unclear or invalid will in such cases can be both financially and emotionally devastating.

Looking ahead, electronic wills and modernisation

The Law Commission’s proposals, if enacted, will transform how wills are created and recognised. Electronic wills could make the process more accessible, but they also raise questions around security and potential for challenge. In this evolving landscape, the need for robust drafting and expert advice will only grow.

Taking action now

Against this backdrop, now is the right time to review your estate planning. We are advising our clients to:

  • Review existing wills to ensure they remain valid and aligned with current circumstances and upcoming tax changes.
  • Protect against disputes with clear drafting, capacity assessments and professional advice.
  • Think locally about how regional assets, such as farmland or family businesses in East Anglia, can be structured to minimise risk and tax exposure.

Conclusion

The National Wills Report and forthcoming legal reforms send a clear message, estate planning should not be left for another day.

At Ellisons, our Wills, Trusts & Probate team is already preparing for the changes ahead. Whether your assets are local, international, agricultural or business-based, we can help ensure your wishes are protected, now and in the future.