The Wills Act 1837 might finally be getting a digital upgrade. Most people are surprised to learn that the law governing Wills in England and Wales is still based on the Wills Act 1837. This was the same year Queen Victoria ascended the throne – long before electricity, telephones or even the humble typewriter became household staples.
To put it into perspective: Cragside House in Northumberland – the first home in the world to be lit by hydroelectricity – did not switch on a single bulb until 1878. And yet, over 180 years later, we still require Wills to be made on paper, signed in ink, and witnessed by two people physically present in the same room.
But change could finally be on the way.
What’s changing?
The Law Commission of England and Wales has recently proposed a series of much-needed reforms (Modernising Wills: Final report – Law Commission). Top of the list is the idea of legally recognising electronic wills, or “e-Wills”.
The goal? To bring Will-making into the 21st century while still safeguarding your wishes, your loved ones, and your legacy.
So, what is an electronic Will?
In simple terms, an electronic Will would be a document that’s written, signed, witnessed and stored entirely online. No paper. No pens. No filing cabinets.
Under the proposed changes, a person could sign their Will digitally (using secure tools), have their witnesses join by video call, and store the final document in a tamper-proof digital vault.
And while that might sound radical, it actually mirrors how many of us already handle things like contracts and mortgage deeds.
Will safeguards still be in place?
Yes – and rightly so.
The Law Commission has made clear that electronic Wills won’t mean a free-for-all. The core requirements of Will-making, such as ensuring the document reflects your true intentions, is free from coercion, and is signed properly, will remain. The only difference is that these steps could be done digitally.
The proposals also include strict safeguards to prevent fraud or manipulation. For example, there would be regulations around the types of software you can use, the verification of identity, and how to prove a document has not been tampered with.
Why now?
One of the biggest motivations behind these changes is accessibility.
Think about people who are housebound, living abroad, or seriously unwell. For them, arranging an in-person signing with two witnesses can be extremely difficult. Electronic Wills would allow more people to make valid Wills without unnecessary delays.
And from a legal and professional standpoint, they offer clear benefits too, including faster turnarounds, better document security, and a stronger audit trail. No more lost originals or disputed signatures.
What about probate?
The probate process, where a Will is submitted to the court to confirm its validity, would also need to adapt.
Right now, paper originals are required. But with digital Wills, the Law Commission is proposing systems that can verify authenticity using metadata, timestamps, and secure digital signatures. This could actually reduce disputes over lost, damaged or altered paper copies.
Is this the end of paper Wills?
Not at all.
Traditional Wills are not going anywhere. In fact, for many people, especially those with complex estates or who value face-to-face legal advice, a paper Will may still be the best option.
The real value of these changes is choice. Clients will soon be able to choose the format that best fits their lifestyle, needs, and comfort level – without compromising on legal certainty.
When could this happen?
The proposals were only published by the Law Commission last month (May 2025) and the Government will need to consult, draft legislation, and put a system in place. That could take a few years.
In the meantime, the rules have not changed. A legally valid Will must still be signed in ink, with two people physically present to witness it.
But we are already ready. Our Private Client team is keeping a close eye on developments and will be among the first to offer fully compliant electronic Will services as soon as the law allows.
Looking ahead – The digital future of estate planning
Electronic Wills are just the beginning.
As more of our lives move online, private client services are changing too. Clients increasingly expect secure digital portals, remote consultations, and even support with managing digital assets like cryptocurrency, passwords, and online accounts.
Future reforms may also bring changes like:
- Digital notifications to beneficiaries
- Will registration systems linked to your digital ID
- Smarter ways to handle joint or mirror Wills
Whatever the future brings, we’ll be here to help you navigate it — with expert advice, modern tools, and the trusted personal service we are known for.
What should you do now?
Even with change on the horizon, now is still a great time to get your affairs in order. Whether you’re making your first Will or updating an old one after a major life change such as marriage, divorce, children or new property, we are here to help.
And when the law finally catches up with technology, we will be ready to guide you through every digital step too.
Want to talk about your Will?
Get in touch with our team today for clear, expert guidance.
