What the Proposed Changes Could Mean for Families Across Essex
Technology has changed almost every part of our lives.
We bank online.
We sign documents electronically.
We manage our finances through apps.
Yet when it comes to making a Will, the law still expects us to follow rules written almost 190 years ago.
That may soon change.
The Law Commission has recently recommended one of the biggest reforms to Will writing in generations — introducing legally recognised electronic Wills (e-Wills).
While the proposals have not yet become law, they represent a significant step towards modernising how Wills are made in England and Wales.
At Keily. we believe it’s important that families understand not only what the law is today, but also where it may be heading tomorrow.
Can You Make a Will Online Today?
This is one of the questions we are asked most frequently.
The simple answer is…
Not yet.
Although you can prepare a Will electronically, English law still requires strict legal formalities before it becomes valid.
Currently, a Will must:
- Be in writing.
- Be signed by the person making the Will.
- Be signed in the presence of two witnesses.
- Be witnessed by both individuals at the same time.
Without these legal requirements being met, a Will is unlikely to be valid.
That means emails, electronic documents, text messages and digital notes do not currently replace a properly executed Will.
Why Does the Law Need to Change?
The current legislation dates back to the Wills Act 1837.
When those laws were written:
- there were no computers
- no smartphones
- no email
- no video calls
- no electronic signatures
Today, almost every aspect of life has moved online.
The law surrounding Wills has not.
The Law Commission believes legislation should reflect the way people now live, communicate and manage their affairs.
What Are Electronic Wills?
An electronic Will (often called an e-Will) is exactly what it sounds like.
Instead of being created and signed on paper, the Will would exist securely in digital form.
However, this would not mean anyone could simply type a note on their phone and call it a Will.
The proposals include strict safeguards designed to protect individuals and reduce the risk of fraud.
How Would Electronic Wills Be Protected?
The Law Commission has proposed that any approved electronic Will system should include safeguards such as:
- Secure identity verification.
- Electronic signatures.
- Reliable witness verification.
- Protection against alterations after signing.
- Secure storage.
- A permanent record showing when and how the Will was signed.
These protections are intended to give electronic Wills the same level of legal certainty as traditional paper Wills.
Why Could This Be Good News?
Modernising Will writing could make estate planning easier for many people.
Potential benefits include:
Greater accessibility
People who are elderly, disabled or living abroad may find it easier to complete their estate planning.
Faster appointments
Technology could simplify the signing process while still maintaining legal safeguards.
Encouraging more people to make a Will
Over half of UK adults still do not have a valid Will.
Reducing practical barriers may encourage more families to put proper plans in place.
Better document security
Secure digital storage may reduce the risk of lost, damaged or destroyed Wills.
Could There Be Risks?
Whenever technology changes, safeguards are essential.
The Law Commission recognises concerns such as:
- fraud
- identity theft
- undue influence
- cyber security
- document tampering
That is why the proposals are built around secure systems rather than simply allowing any electronic document to become legally binding.
Protecting vulnerable people remains one of the most important priorities.
What About Remote Witnessing?
During the COVID-19 pandemic, temporary rules allowed Wills to be witnessed using video technology.
Those emergency measures ended in January 2024.
The Law Commission now recommends allowing remote witnessing again, but only where secure safeguards are in place.
This could make the process more accessible for people who cannot easily meet witnesses in person.
What Happens Next?
At the time of writing, these proposals have not yet become law.
The Government will decide whether to introduce a new Wills Act based on the Law Commission’s recommendations.
Until that happens, the existing legal requirements remain in force.
If you are making a Will today, it must still comply with the current law.
Why Professional Will Writing Still Matters
Whether Wills become digital in the future or remain on paper, one thing will never change.
A Will is one of the most important legal documents you will ever sign.
A professionally prepared Will ensures:
- Your wishes are clearly recorded.
- Your loved ones are protected.
- Your executors understand their responsibilities.
- Your estate is administered as smoothly as possible.
- Opportunities for inheritance tax planning are considered.
- The risk of future family disputes is reduced.
Technology may change the way Wills are signed.
It does not replace good advice.
Estate Planning That Puts Your Family First
At KEILY.Legal, we help individuals and families across Billericay, Basildon, Brentwood, Chelmsford, Wickford, Rayleigh, Shenfield, Ingatestone and throughout Essex prepare Wills that protect the people they care about most.
Whether you’re making your first Will, updating an existing one, planning for inheritance tax, creating trusts or arranging Lasting Powers of Attorney, we’re here to guide you every step of the way.
Because estate planning isn’t just about documents.
It’s about protecting your family, your wishes and your legacy.
Speak to KEILY.
If you’re looking for Will Writing in Essex, Estate Planning in Billericay, or advice on Wills, Probate, Trusts or Lasting Powers of Attorney, we’d be delighted to help.
KEILY.
Your Family is our Family
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