Modernising Wills Law: Are Electronic Wills Finally on the Horizon?

The law governing wills in England and Wales is rooted in the Victorian-era Wills Act 1837, a framework that has struggled to keep pace with modern technology and changing family dynamics. In May 2025, the Law Commission published its long-awaited report, Modernising Wills Law, recommending wide-ranging reforms designed to make will-making more accessible, flexible and fit for the digital age.

One of the headline recommendations is the formal recognition of electronic wills. The Law Commission concluded that wills should be capable of existing in electronic form, provided robust safeguards are in place to protect against fraud, undue influence and unauthorised alteration. The proposed framework would require secure systems capable of linking signatures to the testator and witnesses, identifying the authentic version of the will, and protecting it from tampering.

The report also recommends introducing a dispensing power, allowing courts to uphold a document that clearly records a person’s testamentary wishes even if technical formalities have not been satisfied. Other significant proposals include adopting the Mental Capacity Act 2005 test for testamentary capacity, abolishing the rule that marriage automatically revokes a will, and strengthening protections against undue influence.

However, progress has been slow. Recently, the House of Lords Justice and Home Affairs Committee criticised the Ministry of Justice for failing to respond promptly to the report, noting that electronic signatures are already accepted for a wide range of important transactions, including property purchases and mortgage arrangements. The Committee questioned why the law still permits individuals to build their estates digitally but not to dispose of them in the same way.

For private client practitioners and testators alike, these proposals represent the most significant overhaul of wills law in almost two centuries. While reform is not yet guaranteed, the momentum behind modernisation continues to grow, and electronic wills may soon become a reality for future generations.

Making or updating a will? Our specialist Private Client solicitors can advise on all aspects of wills, estate planning and succession to ensure your wishes are clearly recorded and legally protected. Contact the team on 0330 822 3451 to discuss your circumstances and receive expert guidance tailored to your needs.