In June 2025, the Law Commission of England and Wales released a proposed overhaul to its 1837 Wills Act, marking a significant modernization of one of the world’s oldest will-making statutes. The draft bill includes pivotal changes such as permitting electronic wills, reducing the minimum age for testators to 16, removing automatic revocation of wills upon marriage, and giving courts more discretion to infer undue influence. These bold shifts could resonate well beyond the U.K., sparking renewed debate in the U.S. around how wills are executed, protected, and disputed. For any wills and probate lawyer in the United States, this reform offers a timely opportunity to assess how evolving global standards may soon influence domestic policy, legal tech integration, and client expectations.
Electronic Wills: The Digital Standard Of The Future?
The inclusion of electronic wills in the England and Wales proposal mirrors a trend already gaining momentum in several U.S. jurisdictions. States like Arizona, Florida, and Nevada have already enacted legislation recognizing digital wills, with others considering similar legislation. However, standards vary, and implementation remains inconsistent. The Law Commission’s clear endorsement of electronic wills as legally valid, if executed in compliance with secure protocols, may encourage U.S. states to adopt broader, more uniform statutes that reflect how Americans now manage most aspects of their lives: digitally.
For stakeholders, this could signal greater demand for secure document management tools, AI-powered drafting platforms, and notarization services that cater to estate law firms transitioning from paper to digital environments.
Redefining Undue Influences In The Courtroom
A particularly progressive component of the proposed reforms allows courts in England and Wales to infer undue influence without requiring direct proof of coercion. This lowers the evidentiary burden and aligns better with how psychological manipulation or elder abuse may occur behind closed doors.
In the U.S., undue influence remains a challenging claim to prove, often requiring professional testimony and burdensome evidence. Should American courts follow suit, or legislatures reform their statutes accordingly, estate litigation may become more nuanced, requiring law firms to sharpen their risk assessment and documentation practices during the planning phase.
This could open doors for partnerships between law firms and elder law organizations, risk assessment software companies, or client intake tools that flag high-risk relationships for closer scrutiny.
The Potential Implications For U.S. Firms And Partners
As U.K. reforms move forward, U.S. estate planning professionals should consider not just the legal implications but the evolving cultural expectations around accessibility, privacy, and fairness in will-making. The blend of legal modernization and digital integration could soon become a benchmark in how clients, especially younger ones, assess the relevance of a firm’s services. Firms that proactively adjust to these changes, experiment with remote witnessing platforms, and invest in secure online client interactions will likely position themselves as thought leaders in the years to come.
Our professionals recognize that forward-thinking firms are already anticipating the ripple effects of these international reforms. If your law firm is managing this growing online community and wants to be seen as a leader in the estate planning space, consider listing with Estate Planning Pros. It’s a simple way to connect with others who share a future-focused approach to wills, probate, and digital estate services.