Modernising Wills: New proposals for electronic wills

The Wills Act 1837 was enacted when Queen Victoria was still a teenager.  In a world now dominated by digital signatures and remote meetings, is it time for our will-making laws to catch up?

In a new report, the Law Commission has considered what modernising the law governing wills might look like.  The proposals in the Modernising Wills Law report, if enforced, would bring about the most radical changes to this area since the Wills Act 1837.

Serious thought needs to be given to bringing the rules in line with modern life, as the report highlights, to “ensure that this important area of law is fit for purpose today”.

Current rules

It is important to note that electronic wills are not yet legally valid.

A will is only legally valid in England and Wales if it meets the formal requirements under section 9 of the Wills Act 1837.  It must be:

• In writing.
• Signed by the testator, or by someone else in their presence and at their direction.
• Signed with intent to give effect to the will.
• Witnessed by two individuals, present at the same time.
• Each witness must sign in the testator’s presence.

There are intricacies to these rules which fall outside the scope of this update.  However, the key point for our present purposes is that a will is only validly executed under the current law if the testator and two witnesses are physically present.

New proposals

The requirement to be physically present has also come under scrutiny due to the increasingly online world we live in.  That scrutiny intensified during the Covid pandemic when physical proximity came with increased personal risk.

The Law Commission has reviewed the existing framework with a view to modernising laws surrounding wills.  Their report considered various aspects of the legislation governing wills, but one key element was a review of whether electronically signed wills could be viable.

The report was published in May 2025 and recommended that electronic wills could be valid if they satisfy the following requirements:

• Executed through a secure and reliable digital system
• Includes a digital signature linked to the individual who signed the will.
• Can be distinguished as the original will, ensuring that copies or altered versions are not treated as valid.
• Is witnessed by two individuals, either physically or remotely, with real time verification.

The report also suggests solutions such as blockchain, cryptographic protections or secure archiving to safeguard the original digital version.

Initial response regarding electronic wills

The proposals aim to enhance testamentary freedom by allowing individuals to express their final wishes freely and securely, whether on paper or electronically.

However, the shift to digital also raises concerns.  The report’s emphasis on a ‘secure and reliable digital system’ is crucial – but it stops short of defining what that system should be.

There will be heavy reliance on the technology which sits behind the will and practitioners will need greater detail about that aspect before the proposals progress towards law.

A key concern for the industry is that digital processes, such as the incorporation of remote witnessing, will heighten the risk of fraud, coercion, or undue influence.  Additionally, there are practical challenges surrounding verifying authenticity, securing long-term storage of digital documents and managing potential disputes over versions of the will.

Without further guidance, the onus will be left on practitioners to consider what technology might be appropriate and establish how best to safeguard the testator’s interests.  While the principles outlined in the report are welcome, it may now be time to consult digital technology experts to shape the next phase of reform.