For most of us, making a Will still means the same thing it meant a century ago: paper, a pen, and two witnesses in the room. Almost every other part of life, from banking to buying a house, has since moved online, so it is a fair question to ask why Wills have not followed. The Law Commission has spent years looking at exactly that, and its recommendations on electronic Wills have brought the idea closer to reality than ever before.
This guide explains what electronic Wills are, why the current law has not caught up with them yet, what the Law Commission is proposing, and what any of this means for you if you already have a Will or are thinking about making one.
What Are Electronic Wills?
An electronic Will, sometimes called a digital Will or e-Will, is a Will that is created, signed, or stored electronically rather than on paper. In practice, this could mean several different things: a Will typed and signed through an e-signature platform such as DocuSign, a Will recorded on video, or a Will created and held entirely within a secure digital system with no paper version at all.
None of these methods are legally valid in England and Wales today. Even a Will typed on a computer must still be printed and signed by hand, in the physical presence of two witnesses, before it has any legal effect.
The Current Law: Wills Act 1837 and Its Digital-Age Limits
The rules governing Wills in England and Wales come from the Wills Act 1837, drafted long before anyone could have imagined electronic signatures or video calls. Under section 9 of the Act, a Will must be in writing, signed by the person making it, and signed by two witnesses who are physically present at the same time.
These formalities are not just tradition for tradition's sake. They exist to reduce the risk of fraud, guard against undue influence, and give the courts clear, reliable evidence of a person's true intentions after they have died. The trade-off is that video Wills, electronically signed documents, and Wills stored purely in digital form currently have no legal standing, however clearly they record what someone wanted.
What the Law Commission Is Proposing
Following its long-running Wills reform project, the Law Commission's Modernising Wills Law report recommends a permanent framework that would allow electronic Wills to be made under strict conditions. Importantly, the recommendations do not throw out the existing safeguards; they build on them.
The proposal is a system in which electronic signing and witnessing could satisfy the same underlying purpose as the paper process, provided reliable technology is used to verify identity, record the process, and prevent tampering.
It is worth being clear that this is a recommendation to Government, not a change in the law. Any move to allow electronic Wills would need new legislation, and no firm timetable has been set. For now, the Wills Act 1837 remains in force exactly as before.
The Potential Benefits of Electronic Wills
If electronic Wills UK legislation is eventually brought forward, it is easy to see the appeal. People who are housebound, in hospital, or living overseas could make or update a Will without needing witnesses in the same room.
Wills could be stored securely in a way that is harder to lose, damage, or destroy over time. For some families, remote Will signing could also make it possible to get a Will in place quickly during a medical emergency, when arranging in-person witnesses simply is not practical.
The Risks and Safeguards Families Need to Understand
Reform has taken this long partly because the risks are significant. Electronic signatures and video recordings can be harder to verify than a witnessed paper signature, and questions about undue influence, capacity, and identity fraud become more difficult to investigate once someone has died. Will fraud is already a recognised problem, so any electronic system would need robust safeguards, such as verified digital identity checks and secure, tamper-proof storage, to avoid making fraud easier rather than harder.
This is one reason the Law Commission's proposals include an emergency-only provision alongside the wider framework, allowing limited exceptions in urgent situations while keeping the general rule strict everywhere else.
What This Means for Your Existing Will
If you already have a valid, properly witnessed paper Will, nothing changes for you today, and there is no need to worry that any future reform would unsettle it. Any move to permit electronic Wills would apply to Wills made after new legislation comes into force, not retrospectively to Wills validly made under the current rules.
That said, it is a good moment to check that your existing Will still reflects your current wishes, particularly if your family circumstances, assets, or digital footprint have changed since you last reviewed it.
Practical Steps to Take Now
Until the law changes, the safest course remains the traditional one: make your Will with a solicitor, in writing, correctly witnessed by two people who have no interest in your estate. It is also worth thinking about your digital assets Will planning now, since cryptocurrency, online accounts, and cloud storage are easily overlooked by older will templates. Keeping a note of where your Will is stored, and making sure your executor knows about it, matters just as much; see our guidance below on storing a Will safely.
How David W Harris & Co Can Help
Our Wills, trusts and probate team keeps a close eye on developments in this area, including the Law Commission's ongoing work and any Government response. If you would like help making a new Will, reviewing an existing one, or discussing how to provide for digital assets, we would be glad to talk it through with you.
If you are concerned about a Will you believe was made under pressure or through fraud, our contentious probate and inheritance disputes team can advise on your options, and our probate and estate administration team can guide you through what happens once a Will takes effect. Find out more about our firm.
This page will be updated as Government guidance develops, so it is worth checking back if you want to stay informed on electronic Wills law.
Frequently Asked Questions
Are electronic Wills legal in England and Wales in 2026?
No. A Will must still be signed in writing and witnessed in person by two witnesses to be valid.
What did the Law Commission recommend on electronic Wills?
A permanent framework allowing electronic Wills under strict safeguards, alongside a limited emergency provision, subject to future legislation.
Will my existing paper Will still be valid if the law changes?
Yes. Any reform would apply to future Wills made after new rules take effect, not existing valid Wills.
Can I sign a Will using DocuSign or a similar e-signature tool?
No. Electronic signatures do not currently satisfy the Wills Act 1837 requirements for signing and witnessing.
Is a video Will legal in the UK?
No. A video recording of someone stating their wishes is not, on its own, a legally valid Will under current law.
How should I include digital assets in my Will?
List digital assets such as cryptocurrency, online accounts, and cloud storage separately, and take specialist advice, since access and value can be difficult to establish after death.
Where can I safely store my Will?
Options include leaving it with your solicitor, a Will storage service, or the Probate Registry, provided your executor knows where to find it.
Contact us today
David W Harris & Co has offices in Pontypridd, Talbot Green and Swansea. We offer a free initial consultation, so please contact us today to speak with a member of our experienced Wills, trusts and probate team.
