The Law Commission’s long-awaited review of the law governing wills has culminated in the draft Wills Bill 2025, a transformative piece of legislation aimed at modernising a system rooted in 1837.

What’s Driving Reform?

• A call for clarity, simplicity and accessibility in how individuals express final wishes
• Recognition that technology now underpins daily life, including legal transactions
• A growing demand for digitally flexible options, particularly among remote, housebound or tech-savvy individuals

Legal Shifts to Know

• Redefining Capacity: Replacing the Banks v Goodfellow standard with a statutory test aligned to conditions like dementia
• Electronic Execution: Introducing digital wills using qualified electronic signatures (QES)
• Judicial Discretion: Courts may uphold informal wills if the testator’s intent is demonstrably clear
• Lower Age Threshold: Testators can make a will from the age of 16
• Preserving Intent Through Marriage: Marriage will no longer revoke a prior will automatically
• Stronger Safeguards: New measures will prevent undue influence and affirm informed approval

The Status Quo: Paper Wills

The current system remains valid: wills must be written, signed by the testator, and witnessed by two individuals. However:

• Gifts to witnesses (or their spouses) are void
• Errors in execution may trigger intestacy, disregarding the testator’s true wishes
• The format assumes paper-based documentation, increasingly misaligned with modern practice

Electronic Wills: What Will Make Them Valid?

The Wills Bill 2025 enables digital wills under stricter controls:

• Electronic Format — storable, readable and reproducible
• Electronic Signature — affixed or associated to show clear intent
• QES Technology — verifies identity and authenticates the document

Witnessing may become redundant with QES, as the system handles identification and execution.

Qualified Electronic Signatures (QES): What You Need to Know

As electronic wills become part of estate planning, QES will play a key role in how these documents are signed and accepted.

• What is QES?
  A Qualified Electronic Signature is the highest level of electronic signature under UK and EU law. It is legally equal to a handwritten signature and backed by strong identity checks and digital security.
• How does QES work?
  The person signing undergoes a secure identity check with a certified provider, resulting in a unique digital certificate tied to their identity. The signature is then applied using specialised software or a secure device, ensuring the signing process is protected and cannot be tampered with.

Why QES Matters for Wills and Legal Documents

• Legal Strength
  QES is accepted in court and carries strong legal weight. It’s designed to prevent fraud and protect the signer’s intent.
• Audit Trail
  Every step of the signing process is recorded, creating a clear trail that shows when, how, and by whom the document was signed.
• Cross-Border Recognition
  QES is recognised across EU member states, making it ideal for international estate planning.

Risks Worth Flagging

What You Should Do

• Learn about the changes — New rules may affect how wills are signed, stored, and updated. Stay informed so your choices are clear and protected.
• Check your document storage — Ask if your current will is stored safely and if it’s ready for electronic formats like QES (Qualified Electronic Signature).
• Understand witnessing rules — Whether signing on paper or digitally, make sure the right people are involved and everything follows the law.
• Consider international ties — If you or your family have assets or connections abroad, updated rules may bring added steps or risks.
• Talk to family early — Share your wishes ahead of time so everyone understands the plan, reducing confusion and future disputes.

Final Note

This is more than procedural housekeeping, it’s a cultural evolution in succession planning. By embracing digitisation without compromising clarity or security, professionals have an opportunity to redefine legacy-building for the twenty-first century.