Wills can be signed electronically; however, the legality of the will depends on the law in the country it has been specifically signed in. The law in England and Wales currently does not allow e-signatures for a will. These are traditionally signed physically along with a presence of witnesses during the signature process. This is to ensure authenticity and to protect against fraud.
With times now changing and the ever-growing demand to use digital services has increased, e-signatures have now made its way into the legal world. Many other countries have now started to adapt their processes to allow the use of electronic signatures on wills, as long as they meet the requirements. Whilst electronic signatures cannot be used for wills in the UK, they can however be used for other legal documents.
Although there have been discussions surrounding this, there is currently no legislative changes being implemented. During the COVID-19 pandemic, some temporary measures were put in place for remote witnessing. This was introduced to allow witnesses to attend via a video conference for social distancing reasons. Although this measure was allowed temporarily, the requirement for a physical signature did not change.
In the UK, electronic wills are not yet legally recognised. All UK residents wishing to create a will need ensure they sign the will with a physical signature and witness presence. If you need any legal advice surrounding wills, contact the team at Fairmont Legal today where we can ensure your will complies with the current UK law.
