Electronic Wills UK 2025: Time to Leave the 1837 Law Behind
November 6, 2024
Creating a will in England and Wales remains rooted in a law dating back almost two centuries, the Wills Act of 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 think this is a key reason why less than 50% of U.K. adults have a will. But change is on the horizon.
The Law Commission for England & Wales has been carefully reviewing the problems caused by paper-based wills – from increases in contested wills, to delays in probate processes causing court backlogs – and is on target to introduce new legislation in 2025 finally allowing for electronic wills.
Why Is Change Needed?
Creating a will is one of the most important steps a person can take to protect their legacy by ensuring their wishes are known, and respected after they’re gone. Yet research shows that well over 50% of adults in the U.K. haven’t written a will. 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.
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.
The modern cloud storage is also a safer way to store critical documents like wills and lasting power of attorneys. 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 or confusion, a key cause of delays in probate processes. These delays often result in significant emotional and financial stress for many people dealing with the passing of a loved on.
What does this mean for Legacy Planning?
We all want peace of mind, knowing that our final wishes are properly documented and legally protected. We also want to make it easier for our loved ones to manage things when we are gone. The move to electronic wills marks a crucial step forward in helping us achieve that.
As we look ahead to 2025, it’s clear that the shift to electronic wills is not only timely but necessary.
At adeus, we’re building ahead of the change with digital wills and legacy planning tools that are compliant with today’s legislation but are designed for the future, ready to take full advantage of the benefits that the new law will bring. Helping us protect our legacies, and our loved ones.
