We’ve all become used to completing lots of everyday activities digitally, including things like banking and signing legal documents. But the law in England and Wales doesn’t currently provide for fully electronic Wills. The established process still involves a physical document that’s properly signed and witnessed. In fact, making a legally valid Will is still subject to requirements dating back to 1837.
So, in some ways it’s not surprising that the Law Commission has proposed ways to modernise the law, including allowing electronic Wills. The proposals were published in May 2025, and as of October 2026 remain recommendations, not legal changes that have been approved by the Government.
What are electronic Wills?
An electronic Will is a Will created and used electronically, rather than relying on a physical signed document, even if that document is typed and printed as is usual nowadays.
The current requirements of the Wills Act 1837 include:
- A Will must be in writing.
- You must be aged 18 or over and have the mental capacity to make a Will, and some should be so.
- Wills must be signed by the person making them, or by someone signing on their behalf where legally permitted.
- The Will-maker must sign or acknowledge their signature in the presence of two witnesses, who are both present at the same time.
- The witnesses must then sign or acknowledge their signatures in the presence of the Will-maker.
What has the Law Commission proposed around electronic Wills?
Allowing Wills to be signed and stored electronically
The Law Commission has recommended that electronic Wills should become legally valid, as long as they meet safeguards and specific protections. Its recommendations include a reliable electronic system that can link a signature to the person who made it and also identify the original electronic Will and distinguish it from any copies. It would also protect the document against unauthorised changes.
These safeguards aim to provide security and demonstrate what the maker of the Will intended, which is important as electronic documents can potentially be copied, changed or even deleted.
Allowing remote witnessing
The Law Commission also recommends allowing electronic Wills to be witnessed remotely, with witnesses not always having to be physically present in the same room if a live video call were used subject to the necessary requirements.
The witnessing of Wills by video call is actually not brand new – it was allowed temporarily for physical Wills during the Covid pandemic. But this only applied to Wills created between 31 January 2020 and 31 January 2024, and the arrangement has now ended.
Why are electronic Wills being considered?
There would be benefits to the recommendations that have been proposed, but there are some risks that should be considered too.
The potential advantages include:
- Greater accessibility, especially for people who find travelling or arranging in-person witnesses difficult.
- A Will-making process that reflects how people increasingly manage other important documents nowadays.
- Potentially more convenience when preparing and executing a Will.
The challenges include:
- Preventing fraud or someone impersonating the Will-maker.
- Protecting people from pressure or undue influence.
- Ensuring the document remains authentic, accessible and unaltered.
What happens next, and what should you do now?
The Government has welcomed the Law Commission’s review and says it’s considering the recommendations put forward. But it hasn’t publicly committed to making electronic Wills legal in England and Wales, which means that as of now, no changes to the law regarding Wills have come into force.
So, if you are considering or preparing to create or update a Will, you shouldn’t put off doing this in order to wait for any reforms that may come into force in future. You’ll need to follow the current process and requirements for making a Will, and working with a solicitor is highly recommended to help ensure your Will is legally valid and respects your most up-to-date wishes.
And if you have already created a Will, it’s worth knowing that if reforms that allow electronic Wills were introduced, a valid paper Will would remain valid and not need to be replaced.
Electronic wills in England and Wales: FAQs
Can I sign my will electronically in England and Wales?
The Law Commission’s proposal is to add the option of creating an electronic Will that’s legally recognised, not to get rid of paper Wills. A valid physical Will wouldn’t automatically become invalid if reforms were introduced that made electronic Wills legal.
When will electronic Wills become legal in England and Wales?
There is currently no confirmed date for electronic Wills becoming legal, and the Government has not publicly confirmed whether or not it will adopt any of the recommendations in the Law Commission’s review. The existing legal process of creating a Will should continue to be used.
Ready to make or update your Will? Get in touch with Amicus Law today.
