Electronic Wills & remote witnessing – are we ready for modernised Will making?

From 1837 to today

Life in 1837 looked vastly differently to today. It marked the start of the Victorian era with rapid industrialisation that brought about significant societal changes. In the last 200 years we have seen significant feats of modernisation. We have seen the telegraph transform into the telephone, the horse-drawn carriage into electric cars and typewriters into laptop computers.

The key provisions governing the legal requirements for Wills has remained as set out in the Wills Act 1837.  Times have changed, however, and the Law Commission has recently published its recommendations to modernise the requirements for a Will.  The Law Commission’s proposals and draft bill are designed to reflect the realities of modern life while protecting vulnerable individuals and bringing clarity to the area.

Electronic Wills: what is proposed?

When we consider the technological advancements of recent years, often our first thought will be of the rise of the internet, the development of personal computers and the widespread digitalisation of communication. It is therefore unsurprising that one the Law Commission’s first recommendations is to enable electronic Wills to be valid.

What are electronic Wills?

Currently, the Wills Act 1837 does not contemplate the possibility of electronic Wills. An electronic Will would be one that is made, stored and signed in electronic format. The proposed reforms suggest that they are still subject to core requirements that is akin to traditional paper Wills, such as a secure system to safeguard the document, verification of the signatures of both testator and two witnesses, and protections in place that only the testator, or authorised individuals, can amend or destroy the Will.

Remote witnessing in practice

Another major change proposed alongside the provision of electronic Wills is that witnesses may be present and sign remotely. The ability to create and sign Wills electronically is expected to make the process more convenient and accessible, particularly for those who may have difficulty meeting in person with witnesses. The COVID-19 pandemic highlighted the advantage of electronic execution facilities, enabling the witnessing of Wills to be performed remotely. The Law Commission advise that it should be possible for the requirement of a witness or for a person signing on the testator’s behalf, to be in the testator’s presence by way of a visual transmission (for example, by video call).

Are electronic Wills necessary?

The last few years have seen increasing recognition of the use of digital documents and signatures in other contexts, particularly across the legal profession. Electronic documents and electronic execution are increasingly accepted in a wide range of contexts. Many will therefore see the introduction of digital Wills as a welcome advancement.

The benefits of modernisation

On the face of it, it seems a natural progression in the legal world. There has been a shift towards paperless, digitalised based case management systems and the use of AI-powered tools is a hot topic across many law firms. Therefore, a move towards electronic Wills is a logical next step. The increased use of innovative technologies has reduced administrative time and elevated client experiences, especially now that today’s clients are usually used to digital processes. We can speculate that this would have a similar effect on the overall Will making process. Enabling Wills to be created electronically is critical to support the testamentary freedom of future generations.

Moreover, the idea of an electronic Will is not novel; several other jurisdictions across the world including the US, Canada and Australia have made provisions for electronic Wills.

Challenges and concerns

However, there are some concerns around the practicalities of introducing electronic Wills and there are a number of unanswered questions as to what this system would look like and how would this be regulated.

It will be necessary to ensure those that are unable to create an electronic Will are not unjustly disadvantaged, as well as ensuring protection for vulnerable individuals who may be more susceptible to the risk of fraud or undue influence (especially if a Will is created digitally). It is currently unclear whether the proposed ‘secure system’ would have the adequate protection or safeguards in place.

Looking ahead: Will reform become reality?

The Law Commission published their final report in May 2025 along with a draft Bill for a new Wills Act. This is now with the Government to consider and review, and time will tell if the introduction of electronic Wills will become a reality. If you would like more information on the current Will Act Reforms, please follow the below links to read more:

• Wills Act reform: What you need to know
• What do the reforms mean for will validity and challenges?

Get in touch with our experts today

Our specialist Disputed Wills, Inheritance & Trusts team has extensive experience navigating complex and evolving areas of law, including the implications of new reforms to Will-making. Whether you are preparing a Will, facing concerns about its validity, or involved in a dispute, our expert solicitors can provide clear, practical advice tailored to your circumstances. If you would like to discuss how these proposed changes may affect you, please contact our team today.