Children Making Wills: The Age Could Drop to 16

The current rule: you must be 18

Under the Wills Act 1837, you must be at least 18 years old to make a valid will in England and Wales. This rule is absolute. If a person under 18 makes a will, it is simply invalid, regardless of how mature they are or how clear their wishes.

The only exception is a narrow one for members of the armed forces on active service, who can make what is known as a "privileged will" at any age. For everyone else, the line is drawn firmly at 18.

Why the Law Commission wants to lower the age to 16

In Modernising Wills Law (Law Com No 419), published in May 2025, the Law Commission recommends reducing the minimum age for making a will from 18 to 16. The recommendation is part of a draft Bill that would, if enacted, replace the Wills Act 1837 with a new, modern statute.

The Law Commission gives two main reasons for this change.

Avoiding injustice when a child dies

When a child dies without a will, the intestacy rules apply. In most cases, this means the child's estate is divided between their parents, who jointly administer it. The Law Commission highlighted cases where this can produce unjust outcomes -- for example, where an estranged or absent parent who played no part in the child's life would inherit equally alongside the parent who raised them.

In one real case discussed in the report, a 14-year-old girl suffering from terminal cancer wished to have her body cryopreserved. Her mother supported this wish, but her estranged father did not. Because the girl could not make a will, she could not appoint her mother as executor. The court had to intervene with a bespoke order to give effect to her wishes before she died.

Consistency with other areas of law

The law already treats 16-year-olds as capable of making significant decisions. At 16, a person in England and Wales can consent to medical treatment, leave school, live independently, and join the army (with parental consent). In Scotland, the age of testamentary capacity is already 12. In British Columbia, Canada, it is 16.

The Law Commission concluded that decisions about property and the disposal of one's body after death are more akin to medical and welfare decisions -- where the threshold is already 16 -- than to voting or buying alcohol, where the threshold remains 18.

Capacity would still be required

Lowering the age does not mean any 16-year-old could dash off a will without scrutiny. The draft Wills Bill would require that any person making a will -- whether 16 or 96 -- has the mental capacity to do so, assessed under the Mental Capacity Act 2005.

Under this test, a person is presumed to have capacity unless there is reason to doubt it. They must be able to understand the nature and effect of making a will, the extent of their estate, and who might have a claim on it. A 16- or 17-year-old would need to meet exactly the same standard as an adult.

What about children under 16?

The Law Commission also recommends a discretionary power for children below the new threshold. Under the draft Bill, the Family Court would be able to authorise a child of any age to make a will, provided the court is satisfied that the child is competent to do so.

The court would assess the child's competence using the common law Gillick test -- the same test used to determine whether a child can consent to medical treatment. The child would need to demonstrate sufficient maturity and understanding to appreciate what making a will involves, the effect of their testamentary wishes, and who has claims on their estate.

This power is discretionary. The court would not be obliged to grant authorisation, and it could attach conditions to protect the child's best interests. No lower age limit is proposed -- the test is competence, not age.

The Law Commission acknowledges that this power would be used rarely. It is designed primarily for children facing tragic circumstances, such as a terminal illness, who need to put their affairs in order.

Why a young person might need a will

It is easy to assume that children do not have assets worth worrying about. But some do. A child might have received a personal injury award, an inheritance from a grandparent, or significant earnings from social media. The report notes the example of a 16-year-old TikTok creator who earned US$4 million in a single year.

Beyond financial assets, children -- especially teenagers who have grown up online -- may have strong views about what happens to their digital accounts, photographs, and creative work after they die. A will is the primary legal mechanism for expressing those wishes.

Has this become law yet?

No. The draft Wills Bill has not yet been introduced to Parliament, and there is no guarantee it will be enacted in its current form. It must be introduced, debated, potentially amended, and passed by both Houses of Parliament before any of these changes take effect. Until then, the current law applies: you must be 18 to make a valid will in England and Wales.

What should you do now?

If you are 18 or over and do not yet have a will, there is no reason to wait. The current rules are clear, and a will made today under the existing law will remain valid if and when the law changes.

If you are a parent concerned about what would happen to your child's assets or wishes, the best step you can take right now is to ensure your own will is up to date. Your will can include provisions for how your children's inheritance is managed, who acts as guardian, and how trustees should handle funds on their behalf.

GetWill can help you put a professionally reviewed will in place quickly and affordably, under the rules as they stand today. If and when the law changes, we will be ready for that too.