Are Electronic Wills the Future?

Wills are one of the few legal documents that still require a handwritten ink signature in order to be valid. It seems outdated, when almost all other legal documents can be signed electronically. Wills have been considered so important that this has always been resisted, but is this likely to change? 

The Law Commission has recently published a recommendation to modernise the process of preparing wills, aimed at bringing the Wills Act 1837 in line with the modern digital age.

A key focus of the report is the approval of electronic wills, acknowledging that modern technology has surpassed the provisions of the Wills Act 1837. The Commission’s proposal sets out a ‘reliable system’, allowing a digital format while maintaining the integrity of testamentary documents. This proposed system, will provide a secure platform for wills to be stored on and identify the signatory, protect from unauthorised alterations or destruction and distinguish originals from other copies. The report also suggests that signatures to a will can be witnessed remotely via video-conferencing technology (as was permitted to some extent during the Covid-19 pandemic).

A similar proposal was made by the Commission in 2017 but was met with resistance. However, changing social attitudes (mainly brought about by the Covid-19 pandemic) have resulted in a greater willingness to accept digitalised documents. 

During the pandemic, the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 was introduced as a temporary measure to allow wills to be witnessed remotely. Although it expired on 31 January 2024, many jurisdictions adopted this approach and now accept digital wills, including some US states and Victoria, Australia. This has demonstrated a promising track record for electronic wills, highlighting their practical viability.

Law commissioner Professor Nick Hopkins said the recommendations will "modernise wills law to promote testamentary freedom, bringing with them greater certainty, clarity and fairness". While these changes will require adjustments for law firms and clients alike, they also offer chances to improve and provide will-drafting services that are more modern and accessible.  

If you would need advice about preparing a will from one of our experts, please contact us today.