Can I make a digital Will? Proposed Will reforms explained

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.
• Cybersecurity risks, including hacking, data loss and unauthorised alteration of documents.
• Disputes regarding the authenticity and integrity of electronic documents and signatures.
• Practical issues around the storage, retrieval and long-term preservation of digital records.

Digital Wills might also change the nature of probate disputes. Rather than arguing over handwriting or missing originals, litigants may increasingly challenge the reliability of electronic signatures, the security of digital platforms or whether a document was altered after execution. 

For all these reasons, any future digital Wills regime is likely to be accompanied by robust technological and procedural safeguards.

Proposed Will reforms explained

The Law Commission’s proposed reforms extend well beyond digital Wills and represent the most substantial review of succession law in decades. 

Key recommendations include:

• Introducing electronic Wills, subject to stringent security and authenticity requirements.
• Ending the rule that marriage or civil partnership automatically revokes a Will, helping to address concerns around predatory marriages.
• Giving courts greater flexibility to uphold a person's wishes, even where a document doesn’t strictly comply with all formal validity requirements.
• Replacing the existing common law test for testamentary capacity with the framework contained in the Mental Capacity Act 2005.
• Reducing the minimum age for making a Will from 18 to 16, with additional safeguards for younger testators.
• Strengthening protections against undue influence and coercion, particularly for elderly and vulnerable individuals.

Talk to us

There appears to be significant support for modernising Wills legislation, with the Government welcoming the Law Commission’s report and many of the recommendations being endorsed across the private client sector.

That said, reform remains at the proposal stage. No legislation has yet been introduced in Parliament and Law Commission recommendations often take time to progress through the legislative process. So, while change feels increasingly likely, it’s difficult to predict when a new Wills Act might reach the statute book.

If you’re looking to make a Will, challenge a Will or need support around probate and estate administration or any other private client matter, our award-winning team is here to help.

Talk to us by calling 0333 004 4488, emailing privateclient@brabners.com or completing our contact form.