In recent years, the way we manage our lives online has changed dramatically, from banking and investing to buying a home. The next major step could be the ability to make and sign a Will online.
The Law Commission has now proposed changes that would modernise the law and make electronic Wills (or e-Wills) legally valid in England and Wales, provided strict safeguards are met. While these proposals are not yet law, they mark an exciting move towards a more flexible and accessible future for Will-making.
An electronic Will is a Will created, signed, and stored digitally rather than printed and signed on paper. Under the current law, for a Will to be valid it must:
1. Be in writing and signed by the person making it (the testator or testatrix).
2. Be signed in the presence of two independent witnesses (over the age of 18).
3. Be intended as the person’s final Will.
The proposed reforms would allow this same process to happen digitally, with new rules to ensure that identity, intention, and authenticity are all proven securely.
An approved online signing system might include:
• A secure identity check before signing.
• A recorded signing session (video or digital signature log).
• Verified witnesses whose identities are also checked.
• Tamper-proof storage, ensuring the Will cannot be altered later.
This means a person could make and sign their Will from home while keeping full legal protection, if proper safeguards are followed.
The benefits for many clients are clear:
✅ Accessibility – ideal for people who are housebound, live abroad, or prefer not to travel.
✅ Convenience – faster completion without posting or printing documents.
✅ Security – digital signatures and audit trails make it easier to prove authenticity.
✅ Storage – a secure digital record reduces the risk of lost or damaged Wills.
For younger families, busy professionals, and those comfortable with technology, the process could make estate planning much simpler and quicker.
However, online Will-making must be handled carefully. Without proper regulation, e-Wills could bring new risks, including:
⚠️ Fraud or tampering – digital documents are vulnerable if not securely locked or time-stamped.
⚠️ Undue influence – signing remotely might make it harder to detect pressure from others.
⚠️ Digital exclusion – older clients or those unfamiliar with technology might be left behind.
⚠️ Long-term storage issues – files must remain readable and retrievable decades later.
This is why professional involvement and robust legal controls are essential.
Even as the law moves toward accepting electronic Wills, having your Will prepared by a qualified solicitor or a legal professional remains vital. Here’s why:
• Expert advice – a solicitor or legal professional ensures your Will is valid, tax-efficient, and suited to your family’s circumstances.
• Safeguarding – solicitors and legal professionals are trained to spot undue influence, assess mental capacity, and record evidence of free will.
• Regulated protection – solicitors are fully regulated and insured, giving you and your family peace of mind.
• Future-proofing – your solicitor or legal professional can review your Will regularly and ensure it stays compliant as the law evolves.
At Lawcomm Solicitors, we blend modern technology with traditional legal expertise to make Will-writing safe, simple, and secure. Our service includes:
• Fully regulated legal drafting by qualified solicitors and legal professionals.
• Identity verification and secure digital signing where permitted.
• Safe document storage and backup options.
• Face-to-face support for vulnerable or digitally excluded clients.
• Clear, fixed fees and complete transparency throughout.
Whether you prefer to meet online or in person, you can be confident your Will is drafted and executed to the highest legal standard.
While the proposed law is still under review, there’s no need to wait. You can make a valid Will today with Lawcomm Solicitors and, if e-Wills become legal in the future, we can help you update your Will easily to take advantage of new options.
Speak to one of our experienced Wills and Probate solicitors to discuss:
• Making or updating your Will.
• How to prepare for future digital changes.
• Protecting your estate for the people who matter most.
• Call us on 01489 864 173
• Email: private.client@lawcomm.co.uk
This article provides general information based on current and proposed laws in England and Wales. It does not constitute legal advice. For advice tailored to your individual circumstances, please contact Lawcomm Solicitors directly.
