Electronic Wills in the UK: What is a 'Reliable System' under the Law Commission's Draft Bill?

We are 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’s recommendations bring will-making into the modern age, where identity, security, and long-term storage are digital by default. Electronic wills are no longer theoretical, they’re about to become a practical, lawful way for people to protect their legacy.

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

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

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It’s an excellent, technology-neutral principle. So, let’s break it down in clear, practical terms.

What Does “Reliable System” Actually Mean?

The Law Commission didn’t pluck the phrase out of thin air. It is their 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 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 one specific technology but describes functional outcomes. This approach provides room for innovation and continuous improvement, which is good news for those of us who use digital platforms and understand 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 This ensures the legal framework can evolve as technology advances, meaning electronic wills won’t become outdated every time technology improves or cybersecurity risks change.

Why This Matters (The Weaknesses of Paper)

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

The Three Components of a Reliable System

We simplify the Law Commission's three legal requirements into three core technical requirements: Authenticity, Security, and Integrity.

1. Authenticity: Proving Identity

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 you are who you say you are and be able to prove it later.

2. Security: Preventing Tampering and Fraud

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. Your wishes should remain your wishes; protected from outside influence and impersonation, not just now, but as technology evolves.

3. Integrity: Preserving the Final Version

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’.

Why This Matters to You

If you’re someone who:

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

You won’t need to understand every piece of technology behind the scenes – that’s our job – but you will feel the benefits instantly.

If this sounds like you, then electronic wills are a natural fit for your life and the future.

If not, the existing paper-based options will still be available. 

Over time we anticipate everyone moving 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.

How adeus Meets the Reliable System Standard

At adeus, we’ve been building toward this future from day one. Here’s how the adeus platform aligns with the three requirements:

Authenticity

adeus: Digital identity verification, secure account access,  strong authentication and encryption, and clear evidence trails showing who  accessed, and when.

Security

adeus: Strong encryption across the platform, clear guided  execution flows, no-edit execution and witnessing, locked pathways to prevent unauthorised changes, and continuous audit logging.

Integrity

adeus: adeus True Will technology combining  encryption, blockchain, redundant storage, and timestamping for all  steps of the process, with a permanent audit trail.

With secure, long-term storage in the adeus Digital Vault,  and the adeus Executor Toolkit for trusted third-party verification and  access adeus simplifies will writing, execution and probate.

Put simply with adeus True Wills: You create your will digitally, we keep it safe, and when your family needs it, it’s available and verifiable.

What Happens Next?

Over the next few months, the government will finalise the regulations that sit behind the new Wills Act. Those regulations will include clarity on what will count as a ‘reliable system’.

At adeus, we’re already aligned with the Law Commission’s intended model. We’re pushing to offer the ‘gold standard’ electronic will, one that exceeds the requirements and stays ahead as technology continues to evolve.

The three requirements — authenticity, security, and integrity — form the backbone of the new era of electronic wills.Once the regulations are finalised, they will define how platforms like adeus protect your wishes from the moment you sign to the moment your executor needs the will.

Deep Dives: Explore the Three Parts of a Reliable System

This article is the hub of our four-part series. If you want to dive deep into the mechanics of the specific topics – authenticity, security, and integrity – here are the next articles in the series, we’ll add links as they are published over the next few weeks prior to the end of 2025:

1. Authenticity: Proving identity when creating an electronic will
2. Security: Protecting the will from fraud, coercion, or compromise
3. Integrity: Ensuring the will cannot be altered after execution

Beyond the Will: Modernising Testamentary Capacity

While the "Reliable System" revolutionises how a legally valid will is made electronically, the draft Bill also proposes a modern update to how ‘Testamentary Capacity’ is assessed based on the Mental Capacity Act 2005, a significant shift in its own right. We’ll cover that in a separate article, so it has the space it deserves

Frequently Asked Questions (FAQs)

Q1. When will electronic wills become legal in England and Wales?

While the Law Commission published its final recommendations and a Draft Wills Bill in May 2025, electronic wills are not yet legal in England and Wales. The government must first finalise the regulations and pass the new Wills Act through Parliament. At adeus, we are aligned with the intended model and are prepared to launch immediately once the legislation is fully enacted.

Q2. What exactly is the 'reliable system' mentioned by the Law Commission?

The 'reliable system' is the mandatory digital infrastructure proposed by the Law Commission for creating, executing, and storing valid electronic wills. It is defined by three core functional outcomes that any technology must meet to ensure the willis legally sound: Authenticity, Security, and Integrity.The law does not mandate a specific technology but sets expectations for digital proof and security.

Q3. Why does an electronic will need to be made on a reliable system?

The reliable system is required to overcome the inherent weaknesses of paper wills and guard against digital risks. It provides verifiable, immutable evidence that cannot be easily achieved with paper, such as:

• Proof of Identity: Eliminating guesswork about who signed the document.
• Tamper-Proof Storage: Cryptographically locking the final version to prevent any alteration.
• Clear Audit Trails: Providing a detailed record of the execution process for the Probate Court.

Q4. Does the new law completely replace traditional paper wills?

No. The introduction of electronic wills will be optional. Paper wills, executed and witnessed under the existing, traditional formalities, will still remain a legally valid choice. The new law provides an additional, modern option for those who prefer a secure, digital solution and who manage much of their life online.

Q5. Does the ‘reliable system’ apply only to the signing process, or also to long-term storage?

The reliable system requirements apply to both the execution process (signing and witnessing) and the long-term preservation of the electronic will. The system must ensure integrity by using technologies like encryption and blockchain to securely store the final, executed document, protecting it from unauthorised alteration or destruction for decades.

Q6. How is adeus placed to provide electronic wills when the law changes?

adeus (Mankind Technologies Ltd.) is uniquely positioned to build the foundations for electronic wills in England and Wales. Backed by an Innovate UK Smart Grant and supported by LawtechUK an recognised as a lawtech pioneer by industry figures, we’re combining legal rigour, modern technology and user-centred design to deliver a trusted, future-proof framework for e-wills. Our work ensures that when the new regulations arrive, the infrastructure, security and intuitive user experience needed to make electronic wills safe, simple and widely adopted are already in place.

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