Modernisation of will-making formalities requires a fulsome embrace of technology

Reform to enable electronic wills in England and Wales is on the horizon as the Law Commission reviews responses to its supplementary consultation with a view to reporting in early 2025. This article considers will-making in England and Wales and the potential impact of Wills Act 1837 formalities as a drag on the propensity for will-making. The article advocates a whole adoption of technology to enable electronic wills, supported by an electronic wills registry, to increase the accessibility and propensity of will-making. Methods for electronic signatures, asynchronous witnessing, and electronic storage are evaluated together with a comparison to nascent electronic will regimes in the US and Australia.