Signing a Will Digitally

In today’s digital world, you can bank online, buy livestock at auction through an app, and file your tax return from the kitchen table. But what about signing one of the most important documents you will ever need – your Will?

Under the current law in England and Wales, a Will must be signed in ink by the person making it (the Testator), and witnessed in person by two independent people, who must also sign in ink in the presence of the Testator. Wills remain one of the very few legal documents still required by law to be physically signed in ink in England and Wales.

During the COVID-19 pandemic, the Government introduced a temporary law allowing Wills to be witnessed remotely via video call. This made things easier during lockdowns with the social distancing laws, but still required physical signatures. That temporary rule expired in early 2024, meaning a return to the traditional in-person witnessing of Wills.

Since the pandemic, the conversation around electronic Wills, or e-Wills, has gained momentum. For many families, especially those living in remote areas, accessing a Solicitor in person isn’t always easy. E-Wills could offer greater flexibility, reduce travel, and make it easier to update Wills as circumstances change. Digital signatures and video evidence also have the potential to add transparency to the Will making process and may help reduce any potential disputes in future.

Nonetheless, e-Wills are not without their drawbacks. One significant concern is the absence of direct human interaction, which may significantly increase the risk of fraud or undue influence from friends and family members. Without face-to-face contact, it also becomes more difficult to verify the Testator’s mental capacity or to confirm that the Will genuinely reflects their true intentions. In addition, several practical challenges can arise for instance, digital documents can be more susceptible to unauthorised alterations or tampering.

The Law Commission is currently reviewing the law on Wills, including whether to allow fully electronic Wills in the future. And whilst change won’t happen overnight, there is growing recognition that the law needs to reflect modern realities while still protecting people’s wishes.

Until the law changes, it is vital to ensure that your Will is signed and witnessed properly. If mobility or distance is an issue, speak to your Solicitor about arranging a safe, legal signing, as many these days do offer home visits or socially distanced solutions.

Technology will likely play a greater role in the future of Will making, but for now, nothing beats putting pen to paper with good legal advice by your side.

If you would like any advice in connection with a legal matter, please contact our team on 01678 444 005 or nfu@agriadvisor.co.uk. NFU Cymru members subscribing to the Legal Assistance Scheme can also benefit from the NFU’s Legal Health Check service towards Succession and Tax planning advice.

By Hannah Powell – Solicitor