Most private client specialists report mixed feelings about electronic wills, new research finds
Private client specialists have expressed mixed views on proposals to introduce electronic wills in England and Wales, although many say they would adopt the reform if it becomes law, according to new research published this week.
The findings follow the Law Commission’s publication in May of draft legislation to modernise wills law, including proposals to allow electronic wills and to give courts greater flexibility to uphold a testator’s intentions even where formal requirements are not fully met. The proposals would replace the Wills Act 1837.
Research conducted by estate planning technology firm Arken Legal found that 56% of private client practitioners reported having “mixed feelings” about the reforms. A further 20% said they were unsure, while 13% described themselves as mostly positive about the changes.
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Despite this uncertainty, a majority indicated they would move towards adoption if electronic wills were permitted. Almost a quarter of respondents said they would implement electronic wills within the first month of the reforms coming into force. A further 15% said they would do so within the first quarter, and another 15% within the first year.
However, caution remains evident across the sector. Three in 10 respondents said they would wait to see wider adoption before taking action, while 16% said they were not planning to implement electronic wills at all.
The research is based on responses from 208 private client professionals and forms part of Arken Legal’s Modernising Wills: Industry Response whitepaper.
Practitioners were also asked about preferred approaches to the storage of wills in a digital environment. Four in 10 supported a centralised index where wills would be securely stored by third parties, while 26% favoured a centralised registry holding copies of wills.
These issues were explored further at an Arken Legal roundtable held in October, attended by representatives from law firms, technology providers, the Society of Will Writers and online will-writing service Farewill. Participants broadly supported the direction of the reforms, noting their potential to enable faster and more streamlined probate by linking electronic wills registries with other government systems.
However, they stressed that reform must be implemented carefully to maintain public confidence. Participants highlighted the need for clear professional standards, particularly around digital witnessing, capacity assessments and identity verification.
There was strong support for the Law Commission’s recommendation that qualified electronic signatures should be used. Such signatures rely on digital certificates, verified identities and secure signature creation devices to bind the signatory to the document.
On the question of storage, participants favoured a “metadata only” model for a central register, similar to systems used in Germany and Spain. Under this approach, the register records the existence and location of a will without storing the document itself.
Anthony Philips, chief executive of Arken Legal, said the proposals marked “a pivotal moment” for wills law in England and Wales. While technology would play an important role, he said, “the trusted guidance of practitioners will remain at the heart of every decision”.