Don’t Let a Technicality Undo Your Last Wishes

A digital will can feel like a quick win. You answer some questions online, a neat document appears on your screen, and you tick “sort the will out” off your list before a busy period at work or a family holiday. It feels modern, simple, and done.

The problem is that the law has not really kept up with the technology. In England and Wales, and in Scotland with some differences, the rules about how a will must be signed and witnessed are based on very old laws that still apply. If those rules are not followed, a digital will that looks perfect on a laptop can fail completely in real life.

That can leave the people you care about dealing with delays, arguments and outcomes you never wanted. At Sovereign Planning, we see our role as joining up the online and offline worlds so that a will created with digital tools is actually valid when it is needed.

What Counts as a Digital Will Today

When people talk about a digital will, they often mean one of two things.

Most of the time, it is:

• A will prepared using an online form or template  
• A document drafted in a word processor and saved on a computer  
• A will sent by email, then printed at home and signed  

Much more rarely, some mean a fully electronic will, signed with an online signature and stored only in the cloud.

For people in England and Wales, the key point is this: the main law that sets out how wills work is still the Wills Act 1837. That law says that, for almost everyone, a will has to be:

• In writing  
• Signed by the person making the will, or by someone else in their presence and at their direction  
• Signed in the presence of two witnesses, who then sign in the will maker’s presence  

A digital process can help draft the words, but it does not change those formalities. Scotland has its own rules, which are different in some ways, but there are still clear requirements about signing and witnessing.

The confusion comes from how smooth online tools can feel. It is easy to think that:

• Clicking to agree is the same as signing  
• Saving the document online proves everything  
• Witnesses are a nice-to-have, not a must-have  

In many cases, a digital will that is not printed, signed in ink and properly witnessed may be treated as though it never existed.

The Legal Rules on Witnesses You Cannot Ignore

Witnesses are not just there to tick a box. They help prove that:

• You were the one signing the will  
• You knew what you were doing  
• You were not forced or tricked  

In England and Wales, the basic rules are:

• You sign the will, or someone signs for you in your presence and with your permission  
• You sign in front of two witnesses, who are both present at the same time  
• Each witness then signs the will in your presence  

There are also strict rules about who should not act as a witness:

• Anyone who is a beneficiary in the will  
• The spouse or civil partner of a beneficiary  
• Anyone under 18  

If a beneficiary, or their spouse or civil partner, does witness the will, their gift can fail. The rest of the will might stand, but that person could lose what you meant to leave them.

During the height of COVID, temporary rules allowed video witnessing in England and Wales in very limited situations. Those rules were tightly controlled and have caused a lot of confusion since. Relying on old online articles, or an informal family video call, can be risky now.

A digital will is only as strong as the proof that these formalities were followed. Experienced estate planning professionals know how to guide the signing process and record what happened in a clear, practical way.

How Digital Wills Go Wrong in Real Homes

Most problems with digital wills do not start on the computer. They start at the kitchen table.

Common pitfalls include:

• Asking an adult child who is a beneficiary to witness the will  
• Getting a neighbour to sign without checking if they, or their partner, are named in the will  
• Signing the will alone, then asking witnesses to sign it later, when they did not actually see you sign  
• Having one witness watch you sign, then getting the second witness on a different day  

People often rush this part. Before a big trip or a family gathering, someone might think, “I will just print that will I made online and quickly get it signed.” The focus is on getting it done, not on getting it done correctly.

The consequences can be serious:

• A gift to one person fails because they, or their partner, acted as a witness  
• The whole will is found to be invalid, so the intestacy rules decide who gets what  
• Blended families find that children from a first relationship lose out or are delayed  
• Arguments erupt over what you “must have wanted” when the will cannot be relied on  
• Extra legal work is needed, which can eat into the estate  

When we meet clients at home or remotely, our advisers look carefully at who the witnesses should be, how and where to sign, and how to avoid these traps. That is where a simple digital draft is turned into a legally safe document.

Protecting Your Digital Will From Future Challenges

If you already have a digital will, you can take steps to protect it from later challenge. The safest route is to work with a professional, but it helps to know what good practice looks like.

Key points to get right include:

• Choose witnesses who are independent, over 18 and not mentioned in the will  
• Sign using your usual signature, in ink, on the printed document  
• Make sure your witnesses are in the same room, watching you sign  
• Ask each witness to sign straight away, in front of you  

It is also important to:

• Date the will clearly  
• Initial any changes made by hand, near the change  
• Make sure everyone understands that they are witnessing your will, not just signing “some form”  

Safe storage makes a big difference. The original, signed will in original ink is what the court will want to see. Good practice is to:

• Keep it flat and dry, not folded into tiny pieces  
• Tell your executors where it is kept  
• Avoid attaching other papers with staples or paperclips that might later be removed  

Over time, life changes. Relationships begin and end, children are born, homes are sold and bought, and laws can shift. Your digital will should be:

• Reviewed after major events like marriage, divorce or moving house  
• Checked if you set up trusts or make new lifetime gifts  
• Aligned with your Lasting Powers of Attorney so your wishes are clear for both your money and your personal welfare  

At Sovereign Planning, we bring together modern digital drafting and clear, traditional safeguards. Our focus is on making the process simple while still meeting the strict legal rules that protect your wishes.

Secure Your Wishes With A Legally Robust Digital Will

If you are ready to protect your loved ones and clarify your wishes, we can help you create a legally sound digital will that fits your life today and adapts to tomorrow. At Sovereign Planning, we take the time to understand your situation so your instructions are clear, accessible and easy to update. To discuss your options or ask any questions, simply contact us and we will guide you through each step.