Defining a "Reliable System": How the UK Law Commission Proposes to Regulate Electronic Wills

The UK is on the cusp of the most significant reform to will-making since 1837, when pen and ink were state-of-the-art, and the idea of a digital document belonged firmly in science fiction. The Law Commission of England & Wales recommendations bring will-making into the modern age, where identity, security, and long-term storage are digital by default. Electronic wills will no longer be theoretical; they’re about to become a practical, lawful way for the people of England and Wales to protect their legacies.

Similar to the United States, the constituent nations that make up the UK have different legal systems. The Law Commission’s recommendations and draft Wills Bill discussed here relate solely to England and Wales. Scotland and Northern Ireland have their own succession laws, court processes and legal requirements for making a valid will and plan to address reform independently.

The Law Commission’s recommendation is a long read, but the phrase that sits at the heart of the proposed new Wills Act is:

A valid electronic Will must be made and stored using a ‘reliable system.’

It’s an excellent, technology-neutral principle. But what does it mean in practical terms?

The Law Commission didn’t pluck the phrase out of thin air. It is its way of ensuring electronic wills are just as trusted and secure, if not more so, than paper wills.

The report defines the requirements for a ‘reliable system’ as a system that ensures:

• The testator (or person signing on the testator’s behalf) and the witnesses are linked to their signatures at the time of signing;
• The original or authentic will is identifiable from copies of it; and
• The original or authentic will is protected from unauthorised alteration or destruction.

The proposed law does not prescribe specific technology but describes functional outcomes. This approach provides room for innovation and continuous improvement, which is good news given the pace of change in technology. 

The Law Commission does, however, recommend that the ‘Secretary of State’ is empowered to detail the technical standards if the Government deems necessary. This ensures the legal framework can evolve as technology advances, meaning electronic wills won’t become outdated every time technology improves or cybersecurity risks change.

Paper wills are familiar, but they have major weaknesses. They can be easily lost or damaged, pages can become separated, or the signing and witnessing may be questioned at a later date when people are no longer able to verify what happened.

Electronic wills, when built on a reliable system, solve these issues. Benefits include:

• Verifiable proof of who signed and witnessed.
• Transparent record of when and how the document was executed, with a clear audit trail.
• Secure, tamper-proof storage and easy retrieval.

In England and Wales, once the law changes, electronic wills will only be legally valid if created on a reliable system that meets these three standards.

The Law Commission's three legal requirements translate into three core technical requirements: authenticity, security, and integrity.

Authenticity is the most fundamental requirement: the system must be able to confirm who signed and prove it later. Without strong identity verification, nothing else matters.

This requirement will ensure the system can reliably link any electronic signature with the person whose signature it is

• What it means: The system must be able to prove the identity of who’s making and witnessing the will. No guesswork.
• Technology in action: This requires advanced tools like digital identity verification, biometrics, and secure logins to create an immutable digital ‘book of evidence’. The system must be confident the testator is who they say they are and be able to prove it later.

This requirement is intended to ensure the will is protected from unauthorised alteration or destruction.

• What it means: Security is about safeguarding the environment in which the will is drafted and executed. A reliable system must protect against impersonation, fraud, coercion, and forgery or tampering.
• Protecting against threats:In the world of AI and Deep Fakes, this is essential. The testator’s wishes should remain their wishes; protected from outside influence and impersonation, not just now, but as technology evolves.

This requirement is intended to ensure the original or authentic will is identifiable from copies and cannot be altered after execution.

• What it means: Once the will is executed, it must be cryptographically locked. Integrity is about ensuring the final version is locked and cannot be altered, evidence of the original version is permanent and tamper-evident, and during probate the executor and courts can easily access and verify its authenticity.
• Technology in action: This is where technologies like encryption, blockchain, timestamping, and audit logs really shine. They provide transparent, independently verifiable proof that ‘this is the exact will the testator signed’.

An electronic will suits anyone who:

• Manages much of their life digitally
• Values simplicity and control
• Believes technology should make important tasks easier

Understanding every piece of technology behind the scenes won’t be necessary to feel the benefits.

For those who prefer the more traditional paper-based approach, the existing options will still be available. 

Over time, most people are likely to move to electronic wills, because a reliable electronic will system resolves many of the issues with paper-based wills. Not only that, but electronic wills will be simpler, more accessible, and lower cost, meaning more people can have a will and update it more regularly.

When reviewing the potential impact of technology, it’s always important to compare against current best practice, which is a piece of paper in a drawer at home or potentially at a solicitor’s office. This is relatively easily accessible and, with technology including AI, is becoming easier to forge, or simply go missing if a 'bad actor' wanted to change something to their benefit. A reliable system shouldn’t just be equivalent to, but has the potential to be orders of magnitude better than paper.

None of this is unique to England and Wales. A number of US electronic wills statutes already build on the same reliability logic, requiring systems that can verify identity, secure the signing process, and preserve a tamper-evident original. The UK’s “reliable system” test is a useful reference point for that wider conversation, not a new standard, but a clear articulation of the one most jurisdictions are already converging on.