Can digital wills be valid in the UK?
Can digital wills be valid in the UK?
- Steve Gauke
- Home
- /
- Guides for Beneficiaries and
- /
- Can digital wills be
Digital wills are not legally valid in the UK. As of January 2026 it is still a legal requirement to have traditional paper wills with handwritten signatures and physical witnesses under the Wills Act 1837. This is largely due to the importance of the document and as a way to prevent fraud.
Also, there is no current compatibility with physical witnesses and producing a digital will.
This is not to say this won’t change.
In response to our increasingly digital world, in May 2025 The Law Commission made reform recommendations to recognise digital wills as legally valid documents.
However, this is only at the early stages. For any suggestions to become law it requires new legislation to be passed by Parliament and this can take time.
Here, we lay out all the existing requirements for a will to be valid in the UK, including what mistakes to avoid and how Provira’s Estate Advance supports families facing the financial pressures of handling an estate.
Table of Contents
hide
What makes a will valid in the UK?
Many things, all laid out in the Wills Act of 1837. The number one requirement is that the will must be in writing. It can be typed, handwritten, or printed and be written on paper, fabric or any material. Historically, food packaging has even been accepted by courts. Electronic or digital wills are not legally valid in the UK, it must be a physical document. It’s also important to know how often your will needs to be updated, as this can affect the validity of the will. Other requirements are:The testator
In order for a will to be valid, the person writing the will, the testator, must:- Be over the age of 18.
- Have what’s called testamentary capacity. This means they know how to make a will, what it stands for, have sight of everything they own and they can make informed decisions as to who they will leave their estate to.
- Have made the will under their own right, not influenced by others or be mentally incapable of creating the will.
- Sign the document, understanding that this gives effect to the will
The signature
Similarly, there are certain actions surrounding the signature which validate the will:- The testator must provide the signature. If they’re unable to, a person of their choice must do so in their presence instead.
- The form of the signature can vary. It can be a mark, fingerprint, partial signature or a written phrase.
- It typically is written at the end, but can be accepted anywhere in the document as intent matters more than position.
The witness
In order for a will to be legally valid, two witnesses are needed when it is signed. They cannot be beneficiaries, spouses or civil partners and, while they don’t need to know what is written in the will, they do need to:- Be independent of each other.
- Be there to witness the signing of the will at the same time.
- Be over the age of 18, mentally capable, not visually impaired, and not under the influence.
- See the testator sign the document, or acknowledge the relevant signature.
- Sign the document in the testator’s presence. They don’t have to witness each other signing however.
Does a will have to be handwritten in the UK?
No, lots of different formats are accepted for wills. Handwritten wills in ink are the most common format for a will, and some people even handwrite in pencil. It is recommended not to combine the two, as it suggests that there is indecision involved. You can also type your will and print it out. No matter how the document is presented, the most important element is that the document is physically signed by hand. This is also called a ‘wet signature’. Neither typing a name nor an electronic signature is accepted and relying on either of these will invalidate a will in the UK.Is a copy of a will valid in the UK?
As a general rule, no. Only the original will is valid in the UK. This is due to the fact that the probate registry does not acknowledge copies as evidence of the wishes of the deceased, and the original is required to be granted probate or letters of administration. If a copy is supplied and then rejected, the estate would be administered under intestacy. This is where the estate is distributed according to national law, not the deceased’s wishes. In some very rare cases where copies are accepted, there would need to be specific circumstances surrounding the loss of the original will, extensive searches made of the home and legal offices, enquiries into who had the will last, and whether anyone would benefit from the will being distributed under intestacy. This is why it’s so important that close consideration is given to planning your estate. This ensures the original is stored safely with a solicitor, executors know the location and every relevant person is informed if anything were to change. If these considerations are not given, this can significantly delay probate. And while this extends the administration process, the 6-month timeline to paying Inheritance Tax doesn’t change. At Provira, we know that being an executor in a lengthy probate process facing an Inheritance Tax deadline can be a heavy weight to bear, particularly during grief. That’s where our Estate Advance can provide you with a simple solution. It not only gives you access to up to 50% of the net value of the estate within days, puts no personal liability on you as an executor, and takes the stress of HMRC payments out of your hands, but it also gives you the space to focus on more important things, knowing the financial pressure has been lifted. And if you would like to access your inheritance immediately to start a business or buy your dream home, our Inheritance Advance could help you access your inheritance in a matter of days. Our compassionate team is here to answer any question, big or small. Reach out today to discuss your options.Are wills valid worldwide?
Unfortunately not. Every country has its own rules and so no will is universal. While international conventions can provide a certain level of consistency, different jurisdictions decide their own laws and recognition can be affected by many different factors:Different legal systems
The world is governed by various types of law. For example, the UK, US, Australia and Canada all fall under Common law, which follow similar systems including testamentary freedom, the right for someone to decide who inherits from them after their death. Civil law applies to most of Europe, South America and the Middle East, which imposes different laws and some strict heirship rules that affect how a will is distributed. This is often referred to as forced heirship, which means families are entitled to a share of the estate regardless of the wishes laid out in the will. Another legal system found worldwide is Sharia law, which has its own inheritance rules that have the potential to override wills.Different execution requirements
We have mentioned what you need to do to ensure that a will is valid in the UK, and it is important to note that this is specific to the UK. Other countries will have different requirements for witnesses, signatures, age or even the legal steps taken to create the will. Dealing with an international estate usually has a lot more legal complexities than if it were based solely in the UK. For this reason, probate often takes a lot longer to be granted. And, if the deceased was UK-domiciled and for tax purposes the estate will be distributed in the UK, Inheritance Tax will still be due within 6 months, adding another legal pressure.Executing a will in the UK and facing financial obstacles?
While digital wills are not valid in the UK, if you’re an executor handling an estate and need help covering urgent expenses such as an Inheritance Tax bill, Provira can help. Our qualified and compassionate team are here to help you access estate funds quickly and easily. We offer:- Access to up to 50% of your net estate value within just a few days
- To work directly with your solicitors to make sure Inheritance Tax is paid to HMRC on time
- Simple interest charges, not compound interest
- No early repayment fees
- An underwriter dedicated to your case to guide you through it
Related articles
When do you not have to pay any Inheritance Tax in the UK?
You do not have to pay Inheritance Tax in the UK if the value…
What are Estate Advances and Inheritance Advance loans used for?
An Estate Advance is used specifically for the estate. an Inheritance Advance loan can…
When will I receive my inheritance money?
Most people receive their inheritance money when probate is complete, which normally takes between…