Can I make a digital Will? Proposed Will reforms explained

By Brabners

The law governing Wills in England and Wales is founded on the Wills Act 1837 — legislation that was enacted during Queen Victoria's reign nearly 200 years ago. While the Act has been amended over the years, its core framework remains largely unchanged and continues to require a Will to be made in writing, signed by the testator and witnessed by two individuals in person.

Today, many practitioners regard this as increasingly out of step with modern life and technology.

In May 2025, the Law Commission published its much-anticipated report Modernising Wills Law, together with a draft Bill for a new Wills Act. The report recommends a number of significant reforms, including the introduction of legally recognised electronic or ‘digital’ Wills.

Here, Saffia Ahmed from our award-winning private client team explains the current proposals around digital Wills and highlights other Will reforms that could be on the horizon.

Can I make a digital Will?

While we often get asked this question by our clients, digital Wills aren’t currently valid in England and Wales. A Will must still be physically signed and witnessed in accordance with the requirements of the Wills Act 1837.

However, the Law Commission has recommended that digital Wills should be formally recognised, provided that they’re created and stored using secure systems capable of verifying identity, preventing tampering and preserving an accurate audit trail.

Digital Wills: what are the risks?

While digital Wills could increase accessibility and convenience, their use may also introduce some challenges, including:

-Greater potential for fraud, impersonation and identity theft.
-Increased difficulty in identifying undue influence or coercion, particularly where execution takes place remotely.
- And more! For further information about the risks and the proposed Will reforms, please visit our website to read the full article:

https://www.brabners.com/insights/estate-planning-administration/can-i-make-a-digital-will-proposed-will-reforms-explained