Wills + Probate: The Law Commission Bill on Electronic Wills: What You Need to Know

In an era where almost every facet of life has gone digital—from banking to medical records—it’s no surprise that the legal system is catching up. One of the most significant steps in this transformation is the Law Commission’s new bill on electronic Wills, aiming to modernise and simplify how we create and manage our final wishes. If you’re considering writing or updating your Will, understanding this new legislation and what it means for you is essential.

What Is the Law Commission’s Electronic Wills Bill?

The Law Commission of England and Wales has proposed a bill that would allow Wills to be made, signed, and stored electronically. This reform follows years of consultation and debate over how to modernize laws that date back to the Wills Act of 1837.

Key Features of the Bill:

• Electronic signatures: Individuals will be allowed to sign their Wills using digital signatures, provided certain safeguards are met.
• Remote witnessing: The bill could make provisions for Wills to be witnessed over video calls, a practice temporarily allowed during the COVID-19 pandemic.
• Storage and authentication: Secure digital storage and authentication methods would be introduced to ensure the integrity and accessibility of electronic Wills.
• Fraud prevention: Special measures are proposed to prevent undue influence, fraud, and cyber risks.

This move acknowledges how technology can help reduce barriers to making Wills, particularly for younger people or those with limited mobility.

What Do I Need to Consider When Making a Will?

Whether you’re opting for a traditional or electronic Will (once the bill is passed and enacted), several core elements remain essential:

1. Clarity of Intent: Be explicit about your wishes. Vague or ambiguous language can lead to disputes among beneficiaries or challenges to the Will’s validity.

2. Legal Validity: Under current law, a Will must be:

• In writing
• Signed by the testator (the person making the Will)
• Witnessed by two people who are not beneficiaries

Once the new law is enacted, this may extend to electronic formats—but the requirements will still include robust safeguards to ensure the Will is genuine and voluntarily made.

3. Choosing Executors

Appoint people whom you trust to manage your estate. Executors awillsre responsible for ensuring your wishes are carried out, debts are settled, and assets are distributed correctly.  They may need to apply for a Grant of Probate if your assets require this document in order to realise them.

4. Guardianship for Children

If you have minor children, your Will is the best place to name guardians for them in case both parents pass away.

5. Asset Inventory

List out your assets clearly: property, bank accounts, investments, digital assets (like cryptocurrency), and even sentimental items. Make it easy for your executors to locate and distribute them.  This list is not included within your Will, however, it is a useful document to store with your papers so your Executors know where to look for your assets.

6. Beneficiaries

Decide who will inherit what. You can include individuals, charities, or other organisations. Ensure you update your Will if your circumstances change—such as marriage, divorce, or the birth of a child.

7. Witnesses and Storage

Even with electronic Wills, witnessing (in person or remotely) and secure storage will be key to preventing forgery or loss.

Why Act Now?

Even though the electronic Wills bill is still being debated and refined, this is a great opportunity to review your estate plans. If you’ve been putting off writing a Will due to inconvenience, the upcoming changes aim to make the process easier and more accessible.

The Law Commission’s proposed reforms are a welcome shift toward modernisation. They promise to make Will-making more accessible while still upholding the legal safeguards that protect people’s final wishes. But whether you go digital or stay traditional, the most important step is to have a valid Will in place—because peace of mind for you means protection for your loved ones.

How we can help with Wills for your lifetime

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