The Minimum Age for Making A Will is Set to be Lowered

De Wills Act 1837 has been largely unchanged for almost two centuries but in recent years it has become clear that in the age of digital communication, more complex family structures and longer life expectancy, it is in need of updating. In May 2025, the Law Commission published a number of proposals for a new Wills Act in England and Wales. These include reducing the minimum age for making a will to 16 years old and allowing for the possibility of an application being made to the court for authority for an even younger child to make a will.  

Whilst a 12 year old residing in Scotland is able to make a valid will, a classmate living just across the English border would have to wait another six years to do so. This means that in the event of the death of a minor in England and Wales, their estate would be distributed under the laws of intestacy to their parents or if they did not survive then to their closest relatives. Consequently, where a child is estranged from one of their parents, that parent would still inherit. A step-parent who has brought the child up could not.  

Although children often do not have much to leave, they could be very particular about who is to look after a pet and who can gain access to their digital assets. There are also children who have accumulated significant assets through acting, music, playing sport and increasingly from monetising online activities who might feel very aggrieved if they became ill and were not able to decide how their estate should be distributed. 

It seems unlikely that if these proposals were to be introduced, there would be a stampede of 16 and 17 years olds looking to make a will and younger teenagers considering court applications so that they could join in. However, it would allow children who are diagnosed with life limiting illnesses to have the comfort of knowing that their wishes will be carried out. It should also increase awareness of wills needing to be reviewed on a regular basis as a will made by teenager may go out of date a few years later when they move in with a long term partner.  

The Kings Speech in May 2026 did not mention a new Wills bill and it may therefore be some time before children in England and Wales have the opportunity to make wills. We look forward to assisting them when that time finally comes.  

In the meantime, our dedicated and specialist team of solicitors can assist their parents with putting wills in place to appoint their guardians and trustees to look after their inheritance. 

Please feel free to contact us to discuss any aspect of estate planning and to arrange an appointment.  

Tel: 020 7467 5757 or Email: privateclient@rfblegal.co.uk