E-Signatures and Wills: What the Law Says and What's Coming

The Current Position: Wills Cannot Be Signed Electronically

Under the Wills Act 1837, a will must be "in writing" and "signed by the testator" in the presence of two witnesses, who must also sign. Despite the modernisation of electronic signature law in other areas, the Wills Act has not been amended to accommodate electronic signatures. As of early 2026, a will executed with an electronic signature in England and Wales is not valid.

This is a clear-cut prohibition, and solicitors should not advise clients that electronic signatures can be used for wills. The consequences of an invalid will — intestacy, unintended distribution of assets, family disputes — are severe enough that there is no room for ambiguity on this point.

Why Wills Are Different

The formality requirements for wills exist for good reasons. A will takes effect after the testator's death, when the testator is not available to confirm their intentions. The signature and witnessing requirements provide evidence that:

• The testator knew they were signing a will (not some other document)
• The testator had the mental capacity to make the will at the time of signing
• The testator was not under undue influence when they signed
• The document being presented for probate is the document the testator actually signed

These concerns are heightened with electronic signatures because it is potentially easier to apply an electronic signature to a document without the testator's knowledge, and harder to prove that the testator was present and had capacity at the moment of signing.

The Wills Act 1837: Key Provisions

Section 9 of the Wills Act 1837 (as amended by the Administration of Justice Act 1982) sets out the requirements for a valid will:

• It shall be in writing
• It shall be signed by the testator, or by some other person in his presence and by his direction
• It shall appear that the testator intended by his signature to give effect to the will
• The signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time
• Each witness either attests and signs the will, or acknowledges his signature, in the presence of the testator

The phrase "in writing" has been interpreted to include digital documents, but the witnessing requirements — two witnesses, physically present at the same time — have not been adapted for electronic execution.

The Law Commission's Work on Wills

The Law Commission has been reviewing the law of wills since 2017. Its consultation paper (2017) and subsequent work have considered whether electronic wills should be permitted. The Commission's provisional view was that the law should be reformed to allow electronic wills, subject to appropriate safeguards. These safeguards might include:

• A requirement for a "qualifying electronic signature" (equivalent to a qualified electronic signature under eIDAS)
• Video recording of the execution ceremony
• Identity verification of the testator at the time of signing
• Enhanced witnessing requirements (possibly including remote witnessing via video)

The Law Commission's final recommendations on wills have not yet been published as of early 2026. The project has been delayed by competing priorities and the complexity of the issues involved. When recommendations are published, it will still require Parliamentary legislation to change the law.

The COVID-19 Emergency Provisions

During the COVID-19 pandemic, the Government made emergency provisions under the Wills Act to address the practical impossibility of in-person witnessing during lockdowns. The key change was:

• Section 9 of the Wills Act was temporarily amended by the Electronic Communications (Wills) Order 2020 to allow wills to be witnessed via video link
• This applied to wills made between 31 January 2020 and 31 January 2024
• The testator still had to sign the will physically (wet signature) — only the witnessing could be done remotely

Crucially, the COVID provisions did not allow electronic signatures on wills. They only relaxed the physical presence requirement for witnesses. The testator still had to sign with a pen on paper.

The provisions have since expired, and wills made after 31 January 2024 must be witnessed in person.

What About Other Jurisdictions?

Some jurisdictions have moved ahead with electronic wills:

• Nevada, USA: Has allowed electronic wills since 2001, with qualified custodian requirements.
• Florida, USA: Enacted the Florida Electronic Wills Act in 2019, allowing remote witnessing via video.
• Australia: Several states introduced temporary provisions during COVID that have since been made permanent in some jurisdictions.

England and Wales has been more cautious, partly due to the particular vulnerability of testators (often elderly, potentially subject to undue influence) and partly due to the sheer volume of wills that pass through the probate system.

Practical Guidance for Solicitors

• Do not use electronic signatures for wills: This is not a grey area. A will signed electronically in England and Wales is invalid. Use wet signatures, witnessed in person.
• Do use electronic signatures for related documents: Letters of wishes, trust documents (that are not deeds), estate planning correspondence, and client care letters for probate matters can all be signed electronically.
• Prepare for reform: When the law changes — and it will, eventually — firms that are already comfortable with electronic signatures for other documents will be well-positioned to adopt electronic wills. Build your digital signing capability now with non-will documents.
• Keep records of the current law: If a client asks why they cannot sign their will electronically, document your advice. If the law later changes and a client claims they were not advised of the option, your file note will protect you.

Wills remain the last major category of legal document that cannot be signed electronically in England and Wales. The law will change eventually, but until it does, the pen-and-paper witnessing ceremony remains the only safe approach for testators and the solicitors who advise them.