Electronic wills: Qualified electronic signatures seen as key protection
Most private client specialists have “mixed feelings” about Law Commission plans to permit electronic wills – but would embrace them if they happen, new research has found.
A quarter of respondents said they would implement them within the first month.
The Law Commission published its latest plans for wills reform in May, allowing electronic wills and giving courts the power to give effect to a testator’s wishes even if the will does not comply with the formality requirements. It included draft legislation to replace the Wills Act 1837.
However, researchers from estate planning technology firm Arken Legal said 56% of practitioners admitted to “mixed feelings” about the proposed reforms; two in 10 were “unsure”, but 13% were “mostly positive”.
If electronic wills were introduced, practitioners were divided on how they would respond. A majority said they would implement them, 23% within the first month, 15% within the first quarter and a further 15% within the first year.
However, three out of 10 said they would “wait to see wider adoption” and 16% were not “planning to implement” electronic wills at all.
Arken gathered responses from 208 private client professionals for its Modernising Wills: Industry Response Whitepaper.
When it came to storing wills, four out of 10 backed a centralised index with wills stored securely by third parties, and 26% a centralised registry that stored copies of wills.
Arken Legal hosted a roundtable in October, attended by a mixture of law firms, technology firms, the Society of Will Writers and online will-writer Farewill.
Researchers said participants supported the reforms, which had the potential to “facilitate faster and more seamless probate by connecting electronic wills registries to other government systems”.
The reforms “must be implemented carefully to preserve public confidence while embracing innovation”.
However, they aligned with “broader modernisation and digitisation efforts across the justice system and reflect global shifts seen in Canada and Australia, where electronic wills have been enabled since 2021”.
Participants urged the creation of “clear professional standards, particularly for digital witnessing, capacity checks, and identity verification”.
They said the industry supported the recommendation to use qualified electronic signatures “to bind identity and document”, which required a digital certificate, identity verification and a secure signature creation device.
On storage of wills, participants favoured a “metadata only” model for a central register, as used in Germany and Spain, showing existence and location but not involving storage of the will itself.
Anthony Philips, chief executive of Arken Legal, said the Law Commission’s proposals marked “a pivotal moment” for the future of wills in England and Wales.
“Technology will support this transformation, but the trusted guidance of practitioners will remain at the heart of every decision.”
