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Why UK Will Laws May Be About to Change

26 September 2025

Did you know the laws around making a Will in England and Wales haven’t changed since 1837?

The way Wills are made in England and Wales hasn’t changed much since the Wills Act 1837. Back then, life was powered by steam engines and telegrams. Today, almost everything we do is digital, but Wills are still signed with pen and paper.

The Law Commission has recommended reforms to bring Will-making into the 21st century. Two of the biggest proposals are:

• Electronic Wills – fully digital documents created, signed, and stored online.
• Remote witnessing – allowing witnesses to confirm signatures via video call.

These changes could make creating a Will faster, easier, and more accessible, but they also raise important questions about security and safeguards.

What Are Electronic Wills?

An electronic Will (sometimes called a digital or online Will) would be:

• Written and signed electronically.
• Stored in a secure digital system.
• Only editable or revocable by the testator (or someone they authorise).

This would move away from paper-based processes, making Will-making more convenient for people who live digitally in other areas of their lives.

Remote Witnessing Explained

Currently, witnesses must be physically present when someone signs their Will. The Commission suggests updating this rule to allow witnesses to be “present” via live video transmission.

This idea gained momentum during the COVID-19 pandemic, when in-person meetings were difficult. It could particularly benefit people who are housebound or live far from family and friends.

Benefits of Modernising Wills

• Convenience – no need to gather in person.
• Efficiency – quicker process, less paperwork.
• Future-ready – meets expectations of younger, digital-first generations.

Countries such as Canada, Australia, and parts of the US already permit electronic Wills, showing that digital solutions can work in practice.

Challenges and Risks

Despite the advantages, there are concerns:

• Digital exclusion: not everyone has access to technology.
• Fraud and undue influence: vulnerable people may be at greater risk.
• System security: clear rules are needed to ensure digital storage is safe and tamper-proof.

Until these issues are resolved, some experts are cautious about making digital Wills the norm.

What Happens Next?

In May 2025, the Law Commission published its final report and a draft new Wills Act. The Government will now decide whether to introduce legislation. If passed, electronic Wills and remote witnessing could soon become part of everyday estate planning in the UK.

How We Can Help

Our Wills, Inheritance & Trusts team has wide experience in dealing with Will reforms, validity concerns, and estate disputes. Whether you’re preparing your own Will or involved in a challenge, we provide clear, practical advice tailored to your situation.

Contact our team today to find out how the proposed changes to Will-making could affect you.

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