The Law Commission’s Report On Modernising Wills Law
The Law Commission’s long-awaited report on the reform of Wills Law marks a significant moment in modernising one of the oldest legal frameworks in England and Wales. At the heart of the report is a bold and forward-looking endorsement of electronic Wills – a transformative shift that aligns the law with the digital realities of the 21st century.
The Wills Act 1837 has governed how Wills are made for nearly two centuries, and although its core principles have proven durable, they no longer reflect the technological norms of modern life. The Law Commission’s recent report, published in May 2025, recognises this disconnect and recommends critical reforms, including the introduction of legally valid electronic Wills.
The Commission proposes that electronic Wills be recognised, provided they meet traditional formality requirements and an additional requirement for digital security. This includes the use of a “reliable system” that verifies the identity of the signatory, protects the Will from unauthorised alteration or destruction, and clearly distinguishes the original from any copies. These safeguards aim to maintain the integrity of testamentary documents while embracing the convenience and accessibility of digital formats.
This recommendation reflects changing societal attitudes. While initial consultations in 2017 expressed hesitation, the supplementary consultation in 2023, shaped by experiences during the COVID-19 pandemic, revealed growing acceptance of remote and digital processes. Jurisdictions such as British Columbia, several US states, and Victoria in Australia have already taken similar steps, providing models for successful implementation.
Importantly, the Commission also recommends that the traditional requirement for witnesses to be physically present could be satisfied through remote presence via video transmission. This recognises that modern communications technology can replicate the evidentiary function of witnessing without undermining legal safeguards.
These changes, if enacted, will not only support testamentary freedom by allowing individuals to make valid Wills in ways that suit their lives, but will also reduce barriers for those unable to attend a solicitor’s office or physically sign a paper document.
The draft Bill accompanying the report sets the stage for the most substantial update to Wills law in nearly 200 years. For law firms and their clients, this signals a shift that will require adaptation but also presents new opportunities to innovate and provide more inclusive, modern Will-drafting services.
If you’d like advice on preparing a Will that reflects both your wishes and the latest legal developments, our specialist Wills & Probate experts are here to help. Get in touch today to discuss your options. Call 0330 822 3451 or request a callback at a convenient time.