Written by Ayesha Mistry-Black, Senior Solicitor.
With more documents now being created, signed, and stored digitally, you may wonder whether the same applies to your Will. However, Wills are subject to specific legal requirements, so it is important to understand what is currently permitted when it comes to signing and storing them electronically. This guide explores whether you can sign and store a Will electronically and what you need to be aware of under the current law in England and Wales.
Key Takeaways
- Wills cannot currently be signed electronically under the law in England and Wales and must meet specific signing and witnessing requirements.
- Temporary COVID-19 measures allowing remote witnessing have expired, and the original requirements of the Wills Act 1837 now apply.
- The original signed Will is the legally binding document, and while copies can be stored electronically, solicitors commonly retain the original securely.
Can You Sign and Store a Will Electronically?
In short, the answer to this question is no.
Under the current law in England and Wales, you cannot sign your Will electronically. The Wills Act 1837 requires that a Will must be in writing and signed by the testator (or by another person in their presence and at their direction) with the intention of giving effect to the Will.
The signature must be made or acknowledged in the presence of two or more witnesses who are present at the same time, and each witness must attest and sign the Will in the presence of the testator. These requirements exclude the use of electronic signatures.
During the COVID-19 pandemic, temporary measures were introduced to allow Wills to be witnessed remotely via video conferencing under the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020. However, these measures did not permit the use of electronic signatures and were only in effect until 31 January 2024. As of 2025, these temporary provisions have expired, and the original requirements of s9 of the Wills Act 1837 apply.
The Law Commission published recommendations in May 2025 proposing that electronic Wills should be permitted in the future, provided they are made using a secure and reliable system. However, these proposals have not yet become law. For now, Wills in England and Wales still need to be signed and witnessed in person, and electronic signatures are not accepted for valid Will execution.
For a Will to be valid, it must be;
- In writing
- Be signed by the testator (the person making the Will)
- The testator must show that they intend to give effect to the Will by signing it.
- The testator needs to sign the Will in the presence of two witnesses, who must be present at the same time of the testator signing.
- The Will needs to be witnessed, and each witness must attest and sign the Will or acknowledge their signature in the presence of the testator.
It may be difficult to evidence the validity of a Will if it is signed electronically, because it would be difficult to police if the testator actually signed the Will or if the Will was made by an imposter. There is also the possibility that no witnesses are present at the time of the signing, but there will be no proof of this. These are therefore some of the reasons why, currently, Wills cannot be signed electronically.
Regarding storage, while there is no legal requirement to store a Will electronically, it is common practice for solicitors to retain the original Will in a secure location. The testator may also store a copy with the Probate Service or other secure facilities. However, the original signed Will remains the legally binding document.
Get Help With Your Will From Howell Jones Solicitors
If you have any questions about making, signing or storing your Will, our Wills Solicitors in Surrey team can help.
Please contact our Surrey solicitors at Howell Jones on 0800 011 9813 or email hello@howell-jones.com to speak to a member of the Wills and Probate team.
