Can you sign a Will electronically?

Most things we do now are, or can be, done digitally, so the question of whether you can sign a Will electronically is a common one.

During the Covid-19 pandemic, the rule requiring witnesses to have a ‘clear line of sight’ of the Testator when signing a Will was relaxed to enable social distancing, but otherwise, Wills have been somewhat left behind when it comes to the digitalisation of paper-based legal documents.

In this blog, our Will Writers look at how the law for Wills might soon face a digital transformation.

Requirements for signing a Will

Wills remain one of the few legal documents still required by law to be signed in ink. The signing and witnessing of Wills must also follow the requirements of the Wills Act 1837, which are:

• It is in writing and signed by the Testator (the person making the Will), or by another person in their presence and at their direction;
• The Testator has mental capacity when writing the Will;
• The Testator knows and approves of the contents of the Will; and
• The Will is signed by the Testator in the presence of two or more witnesses.

Although you cannot currently sign a Will electronically, this could soon change.

Possible reforms for Wills

A Consultation Paper published in 2023 by the Law Commission focused on possible reforms to enable electronic Wills, including the ability to sign and store a Will electronically. The Commission is now analysing the responses, with the final report and draft Bill set to be published in May 2025.

Being able to sign a Will electronically or virtually would be hugely beneficial for Testators and Beneficiaries. It could even increase the number of people making Wills, especially the younger ‘digital’ generation.

In the recent case of Baverstock v Baverstock, video evidence of a Will signing proved invaluable in an inheritance dispute. The video showed the Claimant’s sister placing a pen in their dying mother’s hand and physically moving it to sign over her estate to her. The Judge ruled that the Will was invalid.

Despite this landmark case and the benefits of technology in other areas of law, the Commission has concerns about checking the validity of an electronic Will. One concern is that electronic signatures could increase the risk of fraud and undue influence in Wills, as they could be altered without detection. There is also potential for electronic Wills to be lost in software updates or become inaccessible as technology evolves.

What happens in other countries?

In some jurisdictions in Australia, Canada, and the US, Wills can be signed and witnessed electronically. The Uniform Commission in the United States introduced the Electronic Wills Act 2019, allowing Wills to be created and stored entirely online, from start to finish.

So, why not in the UK? There is a question of whether we have the appropriate infrastructure to safeguard Testators; in the US, they use biometrics, encryption and video recording to manage the risk of abuse or coercion, but experts may argue that we are simply not equipped for that just yet.

Can you store a Will electronically?

While you can store copies of Wills (and LPAs) electronically, only the original versions are legally binding. This is because they have your original, ‘wet ink’ signature on. That’s why it’s important to keep your original Will safe or ask your solicitor to store it for you; something our Will Writers offer as part of our service.

It is not a good idea to store your Will at home, as if there is a fire, flood or burglary, you risk losing your original Will. Storing your Will with your solicitor is a better option, or alternatively, you can use a specialist storage facility such as National Will Safe Document Storage, which is fully insured against loss or damage.

Following public consultations, the UK Government recently decided to retain all original Wills. This decision highlights the balance between preserving these important documents and embracing technology to improve their management.

Like electronic signatures, the law on electronic storage for Wills could also change, but until then, it’s vital to follow the procedure set out by your solicitor and the Wills Act to avoid future inheritance disputes and claims.

Contact our Will Writers in Bristol

If you have not made a Will, or you need advice on amending or updating your Will, our Will writing solicitors can help. Call us on 0117 325 2929 to make an appointment or fill out our online enquiry form.