Electronic Wills: A Step Forward – But Not Just Yet

Understanding the Law Commission’s Report and What It Means for You

I often hear about people keeping their Will as a Word document on their laptop or typed into the note’s app on their phone. Sadly, while well-intentioned, these aren’t valid Wills - no matter how clear your wishes might be.

What Is a Valid Will?

For a Will to be legally valid in England and Wales, it must be printed, signed by you, and witnessed in person by two independent (and unrelated) adults. You can’t simply type or update it yourself digitally - and you certainly shouldn’t write on your original Will to make changes. If your circumstances change, a formal amendment (called a codicil) or a new Will should be drawn up properly.

So, what about electronic Wills? That’s where the Law Commission’s latest report comes in.

What Is the Modernising Wills Law Report?

The Law Commission has published a new report with recommendations to update the legal framework for Wills - something that hasn’t been properly overhauled since the 1837 Wills Act. There’s plenty in the report that’s positive, including better protections for vulnerable people, a potential reduction in the legal age for making a Will, and a much-needed update on how specific gifts are handled.

But one headline that has caught a lot of attention is the idea of electronic Wills. So, what does this really mean - and are we there yet?

What Are Electronic Wills?

An electronic Will is exactly what it sounds like - a Will that’s created, signed, and stored entirely digitally. In theory, this could make the process easier and more accessible for many people. But we’re not there just yet.

While the report recommends that electronic Wills should be allowed in future, it also recognises that there are serious risks if they’re introduced without strong safeguards.

Why the Caution?

At the moment, a paper Will signed in front of two witnesses helps reduce the chance of fraud, coercion, or misunderstanding. Moving this process online raises important questions:

·       How do we verify the identity of the person making the Will?

·       How do we prevent others from interfering?

·       Can we be sure the person has full capacity and isn’t being pressured?

If not handled carefully, electronic Wills could open the door to disputes, abuse, or mistakes that are hard to undo. The Law Commission recommends more work is done before they become legally valid.

So, Can I Make a Digital Will?

Right now, the answer is no.

You still need a paper Will, signed and witnessed properly, to ensure your wishes are legally recognised.

Typing up a Will on your laptop or leaving your thoughts in a phone app won’t meet the legal requirements - and could leave your family facing uncertainty or even a court battle.

What’s Next?

This report is a step in the right direction - it’s good to see the law adapting to the modern world. But it’s just a recommendation, and nothing has changed yet. In the meantime, the best way to protect your wishes is to make a legally valid Will with help from a qualified solicitor.

If you’d like to review your current Will or are thinking of making one for the first time, I’m here to help you through the process with clear, friendly advice.