Posted: Wednesday, 11 February 2026 @ 11:19
Electronic Wills: How to Get Started & Best Practices for the Digital Age
A practical guide for professionals and clients embracing the future of estate planning
The way we live, work, and communicate has transformed. Our photo albums are in the cloud, our correspondence lives in email threads, and our assets increasingly exist in digital form. Yet until recently, the law governing Wills remained firmly anchored in the 19th century.
That is now changing. With the enactment of the Law Commission's proposed reforms and growing recognition of digital signing and witnessing frameworks, Electronic Wills—or "e-Wills"—are emerging as a valid, secure, and increasingly accessible option for estate planning.
This guide explains what Electronic Wills are, how to get started, and the essential best practices every professional and client should know.
📱 What is an Electronic Will?
An Electronic Will is a legally valid Will that is created, signed, and stored in digital form. It is not a scanned PDF of a paper Will—it is a digitally native document with secure electronic signatures and, in some jurisdictions, virtual witnessing.
The Legal Landscape: Where Are We Now?
⚖️
Current Position in England & Wales
At present, the Wills Act 1837 requires Wills to be in writing and signed in the physical presence of two witnesses. Electronic Wills are not yet universally recognised in England and Wales.
However, the Law Commission has recommended reform, and the government has indicated its intention to modernise the law. During the COVID-19 pandemic, temporary provisions allowed for remote witnessing via video link—and many practitioners anticipate these provisions becoming permanent in some form.
International position: Electronic Wills are already recognised in parts of Australia, Canada, and over 20 US states. The UK is playing catch-up, but change is coming.
⚠️ Critical Note for Practitioners
Until the law is formally changed in England and Wales, purely electronic Wills may not be valid. However, the direction of travel is clear. Forward-thinking professionals are preparing now—understanding the technology, the platforms, and the safeguards that will be essential when digital execution becomes mainstream.
Why Electronic Wills Matter
📄 Traditional Paper Wills
- Physical storage at risk of fire, flood, loss
- Updates require reprinting and re-signing
- In-person witnessing required
- Can be challenging for remote or housebound clients
💻 Electronic Wills
- Secure, encrypted digital storage
- Easier updates with version control
- Potential for remote witnessing (where permitted)
- Accessible from anywhere with credentials
How to Get Started with Electronic Wills
For Professionals: Building Your Capability
1 Understand the Law in Your Jurisdiction
Know exactly what is—and isn't—permitted where you practise. Stay updated on legislative developments.
2 Choose Your Technology Partners Carefully
Not all e-Will platforms are created equal. Look for:
- Advanced digital signature technology
- End-to-end encryption
- Clear audit trails and version history
- Compliance with relevant legal standards
3 Develop Remote Witnessing Protocols
Where permitted, establish clear procedures for virtual signing ceremonies—including identity verification and recording requirements.
4 Update Your Client Onboarding
Include questions about digital asset ownership and client preferences for digital execution.
5 Train Your Team
Ensure all staff understand the technology, the process, and how to explain it clearly to clients.
For Clients: What to Expect
If you're considering an Electronic Will where legally available:
You'll discuss your wishes with a professional via secure video consultation
Your Will will be drafted using specialist software and shared via encrypted portal
You'll sign using an advanced electronic signature—more secure than a typed name
Witnesses will attend remotely or in person, depending on the legal requirements
Your completed Will will be stored securely with backup and access protocols
Electronic Will Best Practices
🔐 Security & Integrity
- Use qualified electronic signatures that are uniquely linked to the signatory
- Maintain a clear audit trail of every action taken on the document
- Store Wills in encrypted, professionally managed systems—not personal hard drives
- Create regular backups in geographically separate locations
📋 Process & Procedure
- Document your signing ceremony with recordings or detailed attendance notes
- Verify identity rigorously using multi-factor authentication
- Assess and record capacity with the same diligence as for paper Wills
- Provide clients with clear instructions on accessing their stored Will
👥 Client Communication
- Explain the legal status of Electronic Wills in your jurisdiction—never overstate their validity
- Discuss both options: paper and digital. Some clients will prefer one or the other.
- Be transparent about technology—ensure clients understand how their data will be stored and protected
- Offer a hybrid approach: some firms provide a digital Will with a paper "master copy" for additional security
Quick Do's & Don'ts
✅ Do
- Stay informed on legislative developments
- Use secure, audited technology platforms
- Document your processes thoroughly
- Consider both digital and paper options
- Educate clients on the current legal position
❌ Don't
- Claim Electronic Wills are valid where they aren't
- Use basic e-signatures without security features
- Store Wills on unencrypted personal devices
- Skip identity verification steps
- Assume all clients want digital
⚠️ The Password Problem: A Critical Warning for Clients
If you store your Electronic Will with password protection, ensure your executors know how to access it. A Will that cannot be retrieved is as useless as a Will that was never made. Consider:
- Leaving access instructions with a trusted professional
- Using a secure digital legacy service
- Keeping a paper record of access credentials with your solicitor
Never include passwords in your Will itself—Wills become public documents after probate.
The Future is Hybrid
Electronic Wills are not about replacing paper—they are about choice, accessibility, and resilience. The future of estate planning will be hybrid: some clients will prefer the tangibility of parchment; others will embrace the convenience of digital.
The role of the professional is not to advocate for one over the other, but to understand both, offer both, and guide each client to the solution that best serves their circumstances and peace of mind.
🔮 Preparing for Tomorrow
The law will catch up with technology. It always does. The professionals who prepare now—who understand the platforms, the pitfalls, and the best practices—will be the ones clients trust when Electronic Wills become mainstream.
The question is not whether Electronic Wills will arrive, but whether you'll be ready when they do.
Disclaimer: This article provides general information about Electronic Wills and emerging best practices. The legal status of Electronic Wills varies by jurisdiction and is subject to change. Professional advice tailored to your specific location and circumstances is essential.