Electronic Wills and Remote Witnessing in England and Wales: The Current Law

The phrase “electronic will” is widely searched — but in England and Wales in 2026 there is still no such thing in law. A will that is signed electronically, or witnessed via video call, is currently invalid under the Wills Act 1837. Despite a Law Commission recommendation in May 2025 that this should change, the government has not yet enacted legislation to permit it.

This article explains what the law currently requires, what happened during the COVID temporary changes, what the Law Commission has recommended, and what “making your will online” actually means in practice.

What the Wills Act 1837 currently requires

Section 9 of the Wills Act 1837 (as amended by the Administration of Justice Act 1982) sets out the formal requirements for a valid will in England and Wales. A will is only valid if it is:

1. In writing. This means any written form — typed, word-processed, or handwritten. The medium of writing does not specify paper; but a will must be a tangible, readable document. A purely digital file that has never been printed and physically signed does not satisfy this requirement.
2. Signed by the testator (or by another person in the testator’s presence and at their direction).
3. Signed in the presence of two witnesses, both present at the same time.
4. Each witness must attest and sign the will in the testator’s presence.

“Presence” under current law means physical presence — being in the same room. A witness on the other end of a video call, or a testator signing a screen with a stylus, does not satisfy these requirements under the unamended Act.

There is no requirement for a solicitor to be involved, for the will to be registered, or for any particular form of paper or ink. The requirements are about the act of signing and witnessing — not about how the document was drafted.

The COVID temporary measure: remote witnessing 2020–2022

During the COVID-19 pandemic, access to in-person witnesses was a genuine problem for people who were shielding or isolating. The government acted quickly: Statutory Instrument 2020/952 (the Wills Act 1837 (Electronic Communications) (Amendment) (No 2) Order 2020) came into force on 28 September 2020 and temporarily amended s.9 to permit remote witnessing via video link.

Under that temporary measure, “presence” was extended to include being able to see and hear the testator via a live video link — allowing witnesses to watch the signing on screen and then physically sign their own copy of the will. This applied to wills made between 31 January 2020 and 31 January 2022 (the end date was extended from the original 1 November 2020 expiry).

That temporary provision expired on 31 January 2022. Wills made with video-link witnessing after that date are invalid. Wills made under the temporary measure between 31 January 2020 and 31 January 2022 (where all the SI 2020/952 conditions were met) remain valid.

Contrary to some online commentary, there has been no further extension. If you made or are considering making a will with remote witnesses in 2023, 2024, 2025 or 2026, it will not be valid under current law.

The Law Commission’s 2025 recommendations

On 16 May 2025, the Law Commission published its final report Making a Will, the culmination of a project that began in 2016. The report contains several significant recommendations relevant to electronic execution:

• Remote witnessing should be permanently permitted. The Commission recommended that the temporary COVID measure be made a permanent feature of English and Welsh law, subject to safeguards to reduce undue influence risk.
• Fully electronic wills should be permitted in principle. The Commission recommended legislation to allow wills to be signed and witnessed entirely electronically — for example, via a regulated electronic signing platform — without any need for a physical document.
• An electronic will register. The Commission recommended a central register for electronic wills to address authentication and probate concerns.
• Reform of the testamentary capacity test. Separately, the Commission recommended modernising the testamentary capacity test from its 1870 formulation in Banks v Goodfellow to a modern statutory standard aligned with the Mental Capacity Act 2005.

The government was required to provide a formal response to the report within one year of publication — by 16 May 2026. As of June 2026, no formal government response has been published. The recommendations therefore remain proposals only; they are not yet law and have no effect on the validity of wills made today.

See also our full overview of the 2026 wills law reform position.

What “making a will online” actually means

There is an important distinction between:

• An online will service — a website or digital platform that guides you through your wishes and produces a will document, which you then print and sign in person; and
• An electronic will — a will that is itself signed and witnessed digitally, without any physical document or in-person signing.

Online will services — including WillSafe UK — fall into the first category. They generate a properly formatted, legally worded will as a Word or PDF file. That file is then printed by the testator, signed in wet ink, and witnessed by two adults physically present at the same time. The fact that the document was generated by an online service has no effect on its legal validity — what matters is the act of signing and witnessing.

An online will is therefore fully legally valid in England and Wales provided the formalities under s.9 Wills Act 1837 are met. The drafting method is irrelevant — whether the document was typed in Microsoft Word, generated by an online service, or written by a solicitor. See how to write a valid will for a step-by-step guide to the signing and witnessing process.

An electronic will — where the testator clicks “sign” on screen and witnesses confirm via video — is not valid under current law and will not be valid until Parliament enacts legislation implementing the Law Commission’s recommendations (which has not happened as of June 2026).

Common misconceptions

Writing a will when you cannot easily access witnesses

For people who are housebound, in hospital, or in a care home, finding two independent witnesses can be a practical challenge. Options include:

• Asking two members of the care home staff (who are not beneficiaries) to witness the signing in the testator’s room.
• A solicitor making a home visit — most firms offer this service, though it costs more than an office appointment.
• A local authority social worker or an OPG-registered court visitor in some circumstances.

The key point is that physical presence is currently required by law. There is no lawful shortcut involving screens or digital signatures until Parliament acts on the Law Commission’s 2025 report. See who can witness a will for the rules on who qualifies.

Summary

• Electronic wills (digitally signed, no physical document) are not valid in England and Wales under current law.
• Remote witnessing via video link was permitted for wills made between 31 January 2020 and 31 January 2022 only. It is not currently lawful.
• The Law Commission recommended in May 2025 that electronic wills and remote witnessing be permanently permitted. The government has not yet responded or enacted legislation.
• Online will services produce a standard document that you print and sign in person with two witnesses — this is fully valid and widely used.
• The drafting method (online service, solicitor, or DIY) has no bearing on validity — only the signing and witnessing formalities matter.