31/03/25
Jonathan Maskew, Director of Partnerships at CTT Group, shares his thoughts on the Law Commission’s latest consultation on will writing.
Saying we’re overdue for an update to will-writing law is an understatement. The Wills Act, established in 1837, has remained largely unchanged despite vast shifts in family dynamics, societal norms, and technological advancements. The Law Commission’s review of will writing is, therefore, both timely and welcome.
At CTT Group, Modernising will writing is one of our core goals. We’ve developed unique trusts to meet the evolving needs of today’s families, and we’ve championed technological innovation as essential to improving services and upholding standards across the sector.
During the Covid-19 lockdowns, many paper-based processes shifted to digital solutions. It’s exciting to see the accommodations made for digital will writing at that time become standard practice—benefiting both clients and advisers in the years to come.
So what does the Law Commission’s proposals mean for will writing?
What could electronic will writing look like?
The Law Commission’s proposals hint at a future where electronic wills become part of mainstream estate planning, allowing clients to create, sign, and store their wills digitally.
Here’s what the process would entail:
- Digital drafting: Secure software or online platforms developed specifically for will creation. These platforms would provide step-by-step guidance to ensure that all legal requirements are met – just as CTT Legacy Software currently does for advisers.
- Electronic signatures: Instead of a physical signature, an electronic signature would be used. This ranges from typing a name, using a stylus on a touchscreen to applying a certified digital signature that verifies identity.
- Witnessing: Witnesses would sign electronically, either in person using a shared device or remotely via video conferencing (as was permitted during Covid-19), depending on evolving legal standards and technological capabilities.
- Secure storage: The finalised electronic will would be securely stored, often in encrypted digital storage or on blockchain, safeguarding it from tampering or loss.
- Access: Authorised individuals, such as executors or legal representatives, would have secure access when needed, often via a protected online portal or with a unique digital key.
- Verification: The will’s authenticity would be verified through digital certificates and blockchain records, ensuring it remains unaltered and fully legitimate.
As with any change, this digital evolution presents challenges, especially around security, verification, and maintaining the traditional solemnity of will making. However, it also presents opportunities for those ready to embrace the future. Going fully digital is essential for modernising the industry, improving client accessibility, and expanding inclusivity.
Why shift to electronic will writing?
The current process for will writing is a tried-and-true method, but it’s clear that it doesn’t fully meet the needs of today’s clients, particularly younger generations and those accustomed to handling their affairs digitally. A significant portion of the population still doesn’t have a will, partly due to the formal, in-person requirements, and electronic will writing makes it more accessible and adaptable to modern lifestyles.
If implemented, electronic wills enable clients to finalise their wishes entirely online—an innovation that has several benefits:
- Greater accessibility: Electronic wills make estate planning more accessible to people who face challenges in accessing traditional legal services, such as those in remote areas or with physical limitations. This change allows more individuals to finalise their wishes easily, ensuring their legacies are protected.
- Increased client engagement: Digital tools in estate planning encourage a deeper engagement with clients. Electronic wills could include interactive features that guide clients through each step, helping them understand their options and make more informed decisions – like CTT Legacy Software’s Recommendation Report with its personalised, educational animations, breaking down estate planning options.
- Security and permanence: With secure digital storage, electronic wills prevent loss, damage, or tampering. Properly implemented, electronic wills offer enhanced security, with built-in encryption and digital signatures, while providing easy access for authorised parties when needed.
With a secure, digital-first approach, these new processes align well with our digitally-driven world.
Overcoming the challenges of a digital future
Moving wills into a digital format is an exciting step forward, but it also requires robust systems to ensure authenticity, security, and protection from fraud. As a company that has long championed secure digital solutions for estate planning, CTT Group understands the importance of balancing innovation with trust.
Our CTT Legacy Software, for instance, was developed to provide a secure digital journey for estate planners, ensuring both client and adviser have a safe, seamless, and legally compliant experience. We believe this commitment to security is even more essential as the possibility of electronic wills becomes a reality.
Recent developments reflect growing momentum in this area. Chapter 6 of the Law Commission’s Consultation Paper on wills highlights the complexities of implementing electronic wills and identifies essential security, infrastructure, and policy requirements. Notably, the Commission’s upcoming April 2025 report is expected to introduce new policies to support the digital transformation of will writing. These changes could pave the way for a streamlined, secure, and inclusive estate planning process.
How CTT Group helps you prepare for electronic will writing
For legal professionals, this shift isn’t just about new laws—it’s about readiness to adapt to new technology. As these changes unfold, CTT Group continues to lead the way in providing the knowledge, tools, and growth support estate planners need to thrive in a rapidly evolving landscape.
Our advanced tools, like AI-driven Client Simulators and digital training portals, equip advisers with the expertise to navigate both existing and emerging estate planning technologies, positioning them to serve clients effectively in a digital age.
For those already utilising Legacy Software, you’re well-positioned to adapt to further advancements in digital estate planning. And if you haven’t yet explored our comprehensive digital tools, there’s no better time than now to prepare your practice for the future.
The next steps
As we await any final decisions on changes to the Wills Act, it’s clear that our industry is on the brink of significant change. With the potential for electronic wills on the horizon, legal professionals must be ready to embrace this shift and guide clients confidently through a digital-first approach to estate planning.
If you’re interested in learning more about CTT Group’s innovative solutions for the future of estate planning, or if you’d like a consultation to discuss how your practice can stay ahead, please get in touch. We’re here to help you navigate this exciting new era.
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