Electronic Wills in England and Wales: Everything You Need to Know Before the Law Changes

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The government's detailed response to the Law Commission's landmark report on wills reform is expected before 16 May 2026. We're sharing this guide to help you understand what's changing, why it matters, and what you can do right now, before the law catches up with modern life.

The Quick Answer

An electronic will is a will that is created, signed, and stored digitally, without paper or wet-ink signatures. England and Wales are on the verge of legalising them, the first major change in the law since the Wills Act was passed in 1837. The Law Commission published its final report and a complete draft new ‘Wills Act’ in May 2025, recommending that electronic wills be legally valid provided they are created and stored on a "reliable system": one that can verify identity, prevent tampering, and provide a clear audit trail.

The government's full response is expected by 16 May 2026. When it arrives, it will confirm which recommendations ministers intend to implement and the pace at which legislation will follow. Electronic wills are coming. The only open question is when.

Why the Law That Governs Wills Is Nearly 200 Years Old

We are on the cusp of the most significant reform to will-making since 1837, when pen and ink were state-of-the-art and the idea of a digital document belonged firmly in science fiction.

Creating a will in England and Wales remains rooted in a law dating back almost two centuries: the Wills Act 1837. The Act requires handwritten signatures on a printed document, with in-person witnesses. In a world where almost everything, from banking to healthcare, has gone digital, creating and updating a will remains firmly anchored in the past.

At adeus, we believe this friction and inconvenience is a key reason why almost 60% of UK adults don't have a valid will. For anyone without a will, their estate is settled according to the Rules of Intestacy: a fixed legal formula that takes no account of the complexity of modern family life. For example, it makes no provision whatsoever for unmarried partners, regardless of how long a couple has lived together, and with over 3.5 million cohabiting couples in England and Wales, that gap between people's assumptions and the law can have devastating consequences.

The barriers are real. The antiquated process of printing, signing, and storing paper wills can feel like a daunting task, one that is out of step with our busy lifestyles. It's not that people don't care about their families. It's that the process was designed for a world that no longer exists.

Electronic wills offer the promise of increased convenience, accessibility, and security. By removing the need for physical signatures and in-person witnesses, we'll be able to create or update our wills digitally from the comfort of our own homes, making legacy planning simpler, more convenient, and ultimately more secure.

What Is an Electronic Will?

An electronic will (also known as an e-will or digital will) is a document that lays out what you want to happen to your possessions or assets after you pass away. It can also include specific instructions or requests, such as making sure any pets are taken care of.

An electronic will does exactly what a paper will does, but without the paper. The difference is in how it is created, signed, witnessed, and stored. Under the Law Commission's proposed framework, an electronic will would be:

• Created digitally: written and formatted online, without any paper

• Signed electronically: using a verified digital signature cryptographically linked to you as the individual (known as the ‘testator’)

• Witnessed remotely: your witnesses can attest your signature via live video, from anywhere

• Stored securely on an approved digital platform that meets regulatory standards

Modern cloud storage is a safer way to store critical documents like wills. Unlike paper documents, which can easily be lost, damaged, or tampered with, electronic documents can be stored in secure, encrypted systems. This extra layer of protection helps ensure the authenticity of a will and reduces potential disputes, a key cause of delays in probate processes that often result in significant emotional and financial stress for families.

The Problem with Paper Wills

Paper wills are familiar, but they have major weaknesses. They can be easily lost or damaged, pages can become separated, and the signing and witnessing may be questioned at a later date when people are no longer able to verify what happened.

The most common threats to a valid paper will are:

Loss or damage. Paper documents can be misplaced, destroyed in a fire or flood, or simply deteriorate over time.

Uncertainty about the latest version. If multiple versions of a will are found, disputes may arise over which document is valid.

Tampering. Handwritten changes or missing pages can raise doubts about whether the will has been altered. And with today's AI and deepfake technology, this risk is growing, not shrinking.

Storage difficulties. Wills are often kept in filing cabinets, drawers, or solicitors' offices, making them difficult to locate when needed.

These weaknesses contribute to a rising number of contested wills. In England and Wales, the most common reasons a will is challenged include unclear intentions, questions over validity, allegations of fraud or forgery, lost wills, capacity concerns, and claims of undue influence. These challenges cause delays, extra costs, and significant stress for families at an already difficult time.

The stakes have never been higher. The UK is in the early stages of the Great Wealth Transfer: an estimated £5.5 trillion of assets will be passed down between now and 2050. With more than half of adults having no valid will, and the Rules of Intestacy poorly suited to modern family life, the combination of record wealth, an outdated law, and inadequate estate planning creates a ticking time bomb of inheritance disputes, contested wills, and mounting pressure on an already stretched court system. Modernising how wills are made is not just a legal convenience; it is a social and economic necessity.

The Law Commission's 2025 Report: A Turning Point

On 16 May 2025, the Law Commission published Modernising Wills Law, its final report after a multi-year review, accompanied by a complete draft Bill for a new Wills Act to replace the 1837 legislation. This is the most comprehensive overhaul of wills law in nearly two centuries.

Courts and Legal Services Minister Sarah Sackman KC MP responded on behalf of the government, acknowledging that "the current law is outdated, and we must embrace change", while confirming that reform must be balanced with protecting the elderly and vulnerable from undue influence.

The report's key recommendations include:

Electronic wills. Electronic wills should be legally valid, provided they are created and stored on a "reliable system" that meets specific technical standards. The Secretary of State will have regulation-making powers to define which platforms qualify.

Remote witnessing. Witnesses should be able to attest a will via live video link, removing the requirement for everyone to be in the same room at the same time.

Minimum age. The age at which a person can make a valid will should be reduced from 18 to 16.

Predatory marriages. The rule that automatically revokes a will when a person marries or enters a civil partnership (a rule that has been exploited to disinherit people) should be abolished.

Testamentary capacity. A single, modern test based on the Mental Capacity Act 2005 should replace the outdated Victorian standard currently used. This is a significant shift in its own right, which we'll cover in a separate piece.

Courts and invalid wills. Courts should be given the power to treat a document as a valid will even if it doesn't meet all formal requirements, provided it clearly represents the testator's genuine intentions.

What Does a "Reliable System" Actually Mean?

The phrase "reliable system" is at the heart of the Law Commission's electronic wills framework, and the most important technical concept in the entire reform.

The Law Commission didn't pluck the phrase out of thin air. It is their way of ensuring electronic wills are just as trusted and secure, if not more so, than paper wills. Crucially, the proposed law does not prescribe one specific technology but describes functional outcomes. This technology-neutral approach provides room for innovation and continuous improvement, which is good news for those of us who use digital platforms and understand the pace of change in technology.

The Law Commission defines a reliable system as one that must ensure:

• The testator (or person signing on their behalf) and the witnesses are linked to their signatures at the time of signing
• The original or authentic will is identifiable from copies of it
• The original or authentic will is protected from unauthorised alteration or destruction

At adeus, we simplify these three legal requirements into three core technical requirements: Authenticity, Security, and Integrity. We've written a detailed guide to the full framework: What is a 'Reliable System' under the Law Commission's Draft Wills Bill?. Here is what each one means in practice.

Authenticity: Proving Who Signed

Authenticity is the most fundamental requirement. The system must be able to confirm who signed and prove it later, not through a witness's memory, but through cryptographic evidence.

In the digital world, the pen becomes a cryptographic signature, the paper becomes a secure electronic document, the person is verified through strong digital identity checks, and the place is an online environment (think of a video call). A reliable system must show who clicked the button to sign and be able to prove it later, creating non-repudiation: no one can claim the signers did not sign.

The gold standard for this is a Qualified Electronic Signature (QES), the only type of digital signature with the same legal standing as a handwritten signature. A QES requires identity verification by a certified, legally liable trust provider and ensures the signing key remains solely under the signer's control. Under UK law via eIDAS, it carries a presumption of validity: if anyone challenges the signature, the burden of proof falls on the challenger, not the estate.

For the full technical detail on how identity verification and digital signatures work for electronic wills, read our deep dive: Proving Identity When Creating an Electronic Will.

Security: Protecting the Signing Environment

Security is about safeguarding the environment in which the will is drafted and executed. A reliable system must protect against impersonation, fraud, coercion, and forgery, not just at the moment of signing, but as technology continues to evolve. In the world of AI and deepfakes, this is more important than ever. Your wishes should remain your wishes, protected from outside influence and impersonation.

Read our deep dive: Protecting the Will from Fraud, Coercion, or Compromise.

Integrity: Ensuring the Will Cannot Be Altered After Signing

Authenticity and security get the will signed. Integrity ensures it lasts and remains unaltered until it's needed.

A paper will can be changed visibly: a different pen, a smudge, a replaced page. A digital file, without protection, can be changed invisibly. A bad actor could alter a beneficiary's name or donation amount, and the file would look the same to the naked eye. Integrity solves this through cryptographic hashing: the will is converted into a unique digital fingerprint (its digital DNA). If anything changes, even a single comma, the fingerprint changes completely. Combined with blockchain-anchored timestamping and a secure Master Record in a digital vault, this means a court doesn't just receive a document; they receive a proof package: the will, its fingerprint proving it hasn't changed, and the audit trail proving who signed it, when, and where.

For a full explanation of how digital fingerprinting, timestamping, and version locking work, read our deep dive: Ensuring an Electronic Will Cannot Be Altered After Signing.

The Government Response: Where Things Stand

The Law Commission published its report on 16 May 2025. Under the Protocol between the Lord Chancellor and the Law Commission, the government is required to provide a full response within one year, by 16 May 2026.

The government has confirmed it is giving the recommendations detailed consideration. Sarah Sackman KC MP has stated publicly that the government recognises the current law is outdated and that reform is needed, but that it must be balanced against protecting vulnerable people.

The detailed government response, will likely include which specific recommendations ministers accept, modify, or reject. That response will set the direction for legislation.

It is important to be clear: even a full acceptance of the Law Commission's recommendations does not mean electronic wills are immediately legal. Legislation must still be drafted, introduced to Parliament, and debated. Given the broad consensus on the need for reform, and the government's own acknowledgement that the current law is outdated, we expect this to be treated as a priority. The direction of travel is clear.

At adeus, we're already aligned with the Law Commission's intended model. We're working to offer the gold-standard electronic will, one that exceeds the requirements and stays ahead as technology continues to evolve. When the law changes, we'll be ready to launch immediately.

What This Means for You Right Now

An electronic will is for you if you're someone who manages much of your life digitally, values simplicity and control, and believes technology should make important tasks easier.

You won't need to understand every piece of technology behind the scenes (that's our job), but you will feel the benefits instantly.

If you don't currently have a valid will, the most important thing you can do is make one. The law reform does not help people who die before it comes into effect. A will made today, executed correctly, is fully valid and will remain so. The forthcoming changes do not invalidate existing wills.

If you do have a will, it is worth considering how it is stored and protected. Paper wills can be lost, damaged, or disputed after death with no way to prove they are genuine. Digital storage and cryptographic verification address all three risks, even for wills executed on paper.

The key things to understand right now:

• ‍Electronic wills are not yet legal in England and Wales. They require primary legislation.‍
• The framework is well-defined. The Law Commission has set out exactly what a "reliable system" must do.‍
• The direction is set. The government has signalled its intent to reform. The open questions are timing and the precise regulatory detail.‍
• You can act today. Making or updating your will, and ensuring it is securely stored and verifiably protected, is something you can do right now, regardless of when legislation passes.

Everyone needs a will. If you have a home, a car, any savings or life insurance; if you have children or pets: everything that is important in your life can be protected.

adeus True Wills™: Protecting Your Will Before the Law Catches Up

Paper wills leave room for doubt. adeus True Wills remove it.

In February 2026, we launched adeus True Wills™, a service that brings the core protections of the electronic wills framework to paper wills today.

Here's how it works. When you create your will with adeus, we generate a unique cryptographic fingerprint (using SHA-256 hashing, the same standard used in financial-grade security systems) of your will document. This fingerprint is:

• ‍Encrypted and private: only you control access‍
• Permanently time-stamped, so the moment of creation is recorded independently and immutably‍
• Stored separately from the document, so neither can be altered without the other showing evidence of tampering‍
• Version-locked: if you update your will, the system legally revokes the old version and creates a fresh Master Record for the new one, so there is never any confusion about which is current

Any change to the document, even a single character, would produce a completely different fingerprint. Tampering becomes immediately detectable. We always come back to the current best practice: a piece of paper, in a drawer at home or at a solicitor's office. It's relatively accessible, but with today's AI technology it is becoming easier to forge, or simply to go missing if a bad actor wanted to change something to their benefit. We're actively building a reliable system that is not just equivalent, but orders of magnitude better than paper.

The adeus Executor Toolkit

When your executor needs to act, they gain access to your will only after identity verification and submission of a certified death certificate. They receive an adeus True Will Certificate: independent, court-ready evidence of the will's authenticity, the date it was registered, and a full audit trail of its provenance. The court doesn't just get a document; they get a proof package.

With secure, long-term storage in the adeus Digital Vault, and the adeus Executor Toolkit for trusted third-party verification and access, adeus simplifies will-writing, execution, and probate. Put simply: you create your will digitally, we keep it safe, and when your family needs it, it's available and verifiable.

Built for the Future

The adeus platform is designed so that when electronic wills legislation passes, you won't need to start again. The same platform that currently protects your paper will is being built to support fully electronic creation, signing, and storage once the regulatory framework is in place. You're not just protecting your will today; you're positioning yourself to benefit immediately when the law changes.

What People Are Saying

"The adeus digital vault is such a brilliant feature. It gives you peace of mind knowing that all your important information is securely stored in one place, ready to help loved ones when they need it most." Steve

"adeus has helped me to finally get a will and take away years of it being on my to-do list. It was easy and quick to do, and I am reassured I can go back and update it at any time." Caroline

"Creating a will with adeus was refreshingly simple, and the added feature to store my account details securely makes it feel like will-making has finally arrived in the 21st century." Simon

"So easy to use, clear explanations and very quick to write my will. Previously I had to go to a solicitor, during working hours, this platform makes the process of writing or updating a will simple, at a time to suit you." Talitha

Frequently Asked Questions

Are electronic wills legal in England and Wales? Not yet. Electronic wills require primary legislation before they are valid. The Law Commission published a draft Wills Bill in May 2025, and the government's full response is expected before 16 May 2026. Legislation must then pass through Parliament before electronic wills become law.

What is a "reliable system"? The "reliable system" is the mandatory digital infrastructure proposed by the Law Commission for creating, executing, and storing valid electronic wills. It is defined by three core functional outcomes: Authenticity (proving who signed), Security (protecting the signing environment from fraud and coercion), and Integrity (ensuring the document cannot be altered after execution). The law does not mandate a specific technology, but sets expectations for digital proof and security.

Why does an electronic will need to be made on a reliable system? The reliable system overcomes the inherent weaknesses of paper wills and guards against digital risks. It provides verifiable, immutable evidence: proof of identity (eliminating guesswork about who signed), tamper-proof storage (cryptographically locking the final version), and clear audit trails for the Probate Court.

Does the new law replace paper wills? No. The introduction of electronic wills will be optional. Paper wills, executed under existing formalities, will remain a legally valid choice. The new law provides an additional, modern option for those who prefer a secure, digital solution.

Does the "reliable system" apply only to signing, or also to long-term storage? Both. The reliable system requirements apply to the execution process (signing and witnessing) and the long-term preservation of the electronic will, protecting it from unauthorised alteration or destruction for decades.

Can I change an electronic will later? You cannot edit an executed electronic will, as this protects its integrity. Instead, you create a new will. The system executes and stores the new will (creating a new unique fingerprint) and legally revokes the old one. There is never any confusion about which version is current.

What happens if I die without a will? If you die intestate (without a valid will), your estate is distributed according to the Rules of Intestacy, a fixed legal formula that may not reflect your wishes. Your unmarried partner, for example, receives nothing.

Will electronic wills be legal across the UK? The proposed changes apply only to England and Wales. Scotland and Northern Ireland have separate legal systems with their own succession laws. The Law Commission's recommendations and draft Bill discussed here relate solely to England and Wales.

When will electronic wills be legal? The timeline depends on the government's response (expected by 16 May 2026) and the subsequent legislative process. Given the broad support for reform and the government's own recognition that the current law is outdated, we expect the legislation to be prioritised. adeus will publish updates as the process develops.

What to Watch For Next

The most significant near-term milestone is the government's formal response to the Law Commission's report, expected before 16 May 2026. This will confirm which recommendations the government accepts in principle, whether ministers intend to use the Law Commission's draft Bill as the basis for legislation, and indicative timelines for introducing a Wills Bill to Parliament.

After that, the key stages are: introduction of a Wills Bill to Parliament; parliamentary scrutiny, debate, and amendments; Royal Assent; secondary legislation defining what constitutes a "reliable system"; and finally commencement, the date on which the new Wills Act comes into force.

Each stage takes time, but the case for reform is strong and the political will is there. What you can do right now is ensure your will is valid, up to date, and properly protected.

Follow adeus on LinkedIn and follow Mark Hedley to stay informed as the reform progresses. We'll publish updates on the government response, parliamentary developments, and what each milestone means for you.

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Further Reading

• Law Commission: Wills project and final report
• Government response to the Law Commission report, Making a Will (GOV.UK)
• The Wills Act 1837: full legislation
• Mental Capacity Act 2005
• Rules of Intestacy (GOV.UK)
• Money and Pensions Service: Over half of UK adults don't have a will (2025)
• Law Society: Reform of the law on making a will
• STEP: Law Commission report recommends new statutory footing for electronic wills
• What is a Qualified Electronic Signature (QES)? (European Commission)
• eIDAS Regulation: ICO guidance
• adeus: Innovate UK Smart Grant announcement
• adeus recognised as lawtech pioneer (Law Gazette)
• adeus: What is a 'Reliable System' under the Law Commission's Draft Wills Bill?
• adeus deep dive: Proving Identity When Creating an Electronic Will
• adeus deep dive: Protecting the Will from Fraud, Coercion, or Compromise
• adeus deep dive: Ensuring an Electronic Will Cannot Be Altered After Signing

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About adeus

adeus (Mankind Technologies Ltd.) is a UK legaltech company dedicated to modernising wills and legacy planning. adeus is uniquely positioned to build the foundations for electronic wills in England and Wales. Backed through a £500,000 Innovate UK Smart Grant and supported by LawtechUK, we’re recognised as a lawtech pioneer by industry figures. We're combining legal rigour, modern technology, and user-centred design to deliver a trusted, future-proof foundation for electronic wills.

About the Author

Mark Hedley is the co-founder of adeus. He writes regularly about the upcoming reforms to the Wills Act, the future of electronic wills in England and Wales, and the evolving digital legacy space. Connect with Mark on LinkedIn.

This article is for informational purposes only and does not constitute legal advice. If you need advice about your specific circumstances, please consult a qualified solicitor.

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