What do the London Underground, red pillar post boxes, Bank Holidays, Christmas cards, and current wills legislation all have in common?
Perhaps surprisingly, they were all introduced in the UK during the Victorian era.
At almost 200 years old, the Wills Act 1837 is an act of parliament setting out a series of laws for making a valid will in England and Wales.
Needless to say, a lot has changed since then. As such, the Law Commission has proposed a bill to bring wills legislation into the 21st century.
From reducing the minimum age for making a will from 18 to 16 to ending the automatic revocation of wills upon marriage, the proposal includes a number of updates that aim to future-proof the laws around making wills.
Significantly, the bill also recommends making electronic wills formally valid. While the ability to make wills remotely and without paper documentation could bring various advantages, it’s not without its downsides.
So, keep reading to explore six potential benefits and pitfalls of digital wills.
Electronic wills would not require a paper copy or in-person meeting
Should the Law Commission’s proposed bill become law, an electronic will would become an alternative to a traditional will.
Existing solely as a digital document with no paper copy, an electronic will could be created, signed, and witnessed electronically.
While electronic wills already exist in the UK in some capacity, they are not currently legally binding. The proposed law would make electronic wills formally valid, with no paper documentation or in-person meetings required.
3 pros of electronic wills
1. Making a will could become easier and more accessible
For many people, an electronic will could make estate planning quicker, easier, and more accessible.
According to the Money & Pensions Service, 56% of UK adults do not have a will as of 2025. By enabling people to make legally valid wills at home, without paper-based admin or in-person meetings, the proposed changes could encourage more people to make a will.
Should you die without a will, your estate will usually be distributed according to intestacy rules, which may not align with your wishes. As such, the introduction of formal electronic wills could be a positive step towards reducing the number of people who die intestate.
2. Bringing wills in line with digitised lives
In 2025, many people are accustomed to managing their finances and personal affairs remotely, from online banking to video calls with advisers.
In fact, many assets and key documents are already digital. Consequently, laws created almost two centuries ago may no longer be fit for purpose, resulting in a disconnect between paper wills and relevant digital documents and assets.
By allowing formal wills to be made electronically, new wills legislation could be better aligned with our increasingly digitised lives.
3. Keeping accurate records and storing documentation securely
Making and storing a will electronically could support more thorough, accurate recordkeeping. By automatically maintaining a log of time-stamped changes, some digital platforms could provide an audit trail to demonstrate your will’s legitimacy.
Additionally, cloud-based systems are likely to retain secure backups of your will, reducing the risk of loss or damage compared with paper documents.
As such, electronic wills could improve document accessibility and help maintain clarity as your will is updated over time.
3 possible drawbacks of electronic wills
1. Potential risk of undue influence and fraud
Current wills law includes a number of traditional formalities to help reduce the risk of undue influence and fraud.
As it stands, it’s unclear how the rules for paper wills would translate into an electronic system. For example, wills must currently be witnessed and signed in person to verify their authenticity.
Making a will remotely could pose practical challenges in ensuring it is signed by the correct people and free from undue influence.
2. Potential risk of cybersecurity breaches and file corruption
While storing a will electronically can remove the risk of physically losing or damaging your documentation, it can also introduce new security threats.
For example, a system with poor cybersecurity could carry the risk of unauthorised access, whether that’s someone you know using your login without permission, or a cybercriminal hacking the system.
As a result, there could be a greater risk for wills to be altered or corrupted when stored electronically, rather than on paper. That said, such risks could be mitigated by using a secure platform and following best practices for digital storage and password protection.
3. Making rushed or ill-informed decisions
The will-making process becoming quicker and easier could have some downsides. In particular, some people may rush the process without seeking professional advice.
Consequently, electronic wills could lead to less informed decisions, with people not considering complexities such as:
- Inheritance Tax (IHT) implications
- Gifts given and their impact on IHT
- The most suitable beneficiary to receive certain assets
- Blended families and complex relationship dynamics
- Life assurance and trusts.
It is therefore often worth seeking professional advice, such as from solicitors and financial planners, before finalising your decisions, whether electronically or on paper. They could help ensure your estate is divided appropriately, creating a comprehensive estate plan tailored to your financial and personal circumstances.
Get in touch
While electronic wills offer several benefits, it’s important to note that it may be some time before new legislation is introduced. Since electronic wills are not currently valid as legal documents, it is generally worth making a traditional will. By waiting for legislative changes, you run the risk of dying intestate without control over how your assets are distributed.
For support in creating a comprehensive estate plan tailored to your circumstances, get in touch with our financial planners. Email help@fourseasonsfp.co.uk or call us on +44 (0) 1372 404417
Please note
This article is for general information only and does not constitute advice. The information is aimed at retail clients only.
All information is correct at the time of writing and is subject to change in the future.
The Financial Conduct Authority does not regulate estate planning or will writing.
Note that life insurance and financial protection plans typically have no cash in value at any time and cover will cease at the end of the term. If premiums stop, then cover will lapse.
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