Electronic Wills – The Future of Will Drafting
The Law Commission is proposing significant changes to the Wills Act 1837, in particular section 9, to allow for electronic wills, and a draft Bill is expected to be published in May 2025. This would mean individuals could create, sign, and witness their wills electronically, potentially eliminating the need for physical signatures, in the presence of 2 independent witnesses who are present at the same time the testator signs their Will.
The proposed changes also address concerns about potential fraud and undue influence with the use of electronic signatures.
The Law Commission proposals will allow electronic wills, which could be created, signed, and witnessed online. This would allow for greater flexibility and accessibility, especially for those who are geographically distant or unable to attend in person. The proposal envisages that these Wills would only be valid once registered on a centralised database.
The benefits of electronic Wills are obvious; it could streamline the Will-making process and make it easier for people to plan their estates, it also negates the need to store original documents, either at home or with legal representatives. They could also be stored and accessed online, potentially simplifying probate.
There are concerns about potential fraud and undue influence with electronic wills, particularly if not properly protected. The Law Commission is addressing these concerns by proposing specific requirements for electronic signatures and storage. Practicalities also have to be considered, such as:-
- How do you destroy an original Will if it is electronic? Does deleting it from a device count?
- What if it is hacked?
- What is sent to the probate registry as there is no “original” document with a wet signature?
The Law Commission plans to publish a draft Bill enacting its recommendations in May 2025, which would formalise the rules for electronic Wills, and hopefully address some of the significant concerns raised. The Law Commission’s final report and the draft Bill will be published on May 16, 2025, according to their website https://lawcom.gov.uk/project/wills/
Further information to follow…!
Helen Forster, Director HTF Legal
