Modernising Wills: Reform and Reality

What does remote witnessing mean for the future of Electronic Wills — and does it really make them more vulnerable to fraud, undue influence or capacity concerns?

In this episode, we explore the Law Commission’s proposals for Electronic Wills and remote witnessing, looking at the safeguards that could make digital execution not just as secure as paper, but potentially safer. We discuss identity verification, the lessons from Patel v Patel, undue influence, testamentary capacity and the evidential benefits of a reliable digital audit trail.

Could Electronic Wills ultimately strengthen the safeguards around Will-making?

Can Electronic Wills be valid under current law?

In Episode 2 of Modernising Wills: Reform & Reality, Helen Claydon, Michael Culver, Ian Bond and Anthony Philips explore the legal framework behind Electronic Wills. They examine what Section 9 of the Wills Act 1837 already permits, why remote witnessing remains a challenge, and how the Law Commission's draft Bill could pave the way for a new era of digital Will execution.

In the first episode of our Electronic Wills series, we explore what an Electronic Will actually is following the Law Commission’s 2025 Wills Modernisation Report.

We discuss how Electronic Wills could work in practice, how they differ from paper and “online” Wills, and the potential role they could play in modernising estate planning, improving security and streamlining probate.