The way we write and sign wills in England and Wales is set to change. For almost 200 years, the rules around making a valid will have remained largely unchanged. But the Law Commission, an independent organisation that reviews laws in England and Wales, is now proposing a major update: allowing wills to be made and signed electronically.

One of the most significant developments is the idea of electronically executed wills that are created, signed, and stored in digital form.

Here’s what you need to know about these changes.

Why change the current system?

Under current law, for a will to be valid, it must:

• Be in writing (typed or handwritten).
• Be signed by the person making the will (the testator).
• Be witnessed by two people who are present at the same time.

This law dates back to the Wills Act 1837. While it has worked well for many years, it assumes the will is a paper document. In today’s digital world, this no longer meets everyone’s needs, especially people who prefer or need digital solutions.

In fact, a 2017 consultation found that half of the respondents supported electronic wills. Making it easier to create valid wills could help reduce the number of people who die without one (known as dying intestate).

What is an electronic will?

An electronic will is made, signed and stored in digital form, such as on a computer, smartphone or secure online system. This doesn’t just mean typing a will in Word or emailing it. It means using reliable digital tools and security systems to:

• confirm the identity of the person making the will;
• ensure the will has not been tampered with; and
• store the will safely so it can be accessed when needed.

New technology, new rules

The proposed new law would allow electronic wills to be valid, but only if strict security requirements are met.

One of the key tools is the Qualified Electronic Signature (QES). This is a highly secure digital signature that:

• is unique to the person signing;
• proves their identity; and
• records exactly when and how the signature was made.

Using QES technology removes the need for witnesses to be present when the will is signed. That’s because the system itself confirms the identity of the person making the will and logs the entire process. This is much more secure than asking two strangers to witness a signature on paper.

How will it work?

Under the new Bill:

• Paper wills will still be valid and can be made in the same way as now.
• Electronic wills will only be valid if they meet the new digital requirements.
• Key terms such as ‘electronic signature’ and ‘electronic form’ will be clearly defined.

The aim is to make will making more accessible, secure and modern.

This could be a huge benefit for people who are housebound or prefer digital services, allowing them to complete their will online, possibly with the help of legal professionals, over a video call.

What are the challenges?

Going digital comes with clear advantages, but there are also some risks and concerns:

• Security and data loss: what happens if the digital file is deleted or corrupted? The system must ensure wills are stored safely for many years.
• Privacy: digital documents can be copied or shared. Safeguards will be needed to prevent unauthorised access.
• Alteration risks: a will in editable form could be changed without the testator’s approval. Locking the final version will be essential.
• Cross-border recognition: other countries may not recognise a UK electronic will. This could cause issues if the person has assets abroad.
• Verification at death: Since wills are often not reviewed until the person dies, there must be clear, reliable records to confirm the will’s authenticity at that point.

Moving towards ‘digital by default’

This reform is part of a broader goal by the UK government to move toward ‘digital by default’ services. For decades, technology has been helping solicitors and other will writers to draft wills using software but the final step has always involved printing, signing and witnessing on paper.

The Wills Bill 2025 changes that. It brings the possibility of creating a will entirely online, while still protecting the integrity of the process. Professionals will still have a vital role, but the barriers for individuals to make a legally valid will could be significantly reduced.

The proposed Bill is practical and forward-looking. If passed, it could become law quickly, helping modernise the way we manage one of life’s most important documents.

Whether you prefer pen and paper or are ready to go fully digital, what matters most is that your wishes are made clear and legally binding. These reforms aim to help more people do just that.

Ian Bond TEP, Partner, Irwin Mitchell