Wills in a Digital World: How a Change in the Law Could Help Charities

Technology has transformed how we manage daily life — from online banking to digital contracts, tasks that once required face-to-face meetings can now be done remotely in the comfort of one’s home. So why not wills?

Currently, in England and Wales, a will is legally valid if:

• The person is at least 18 years old.
• They have mental capacity.
• It is signed in ink in front of two witnesses.

However, in May 2025, the Law Commission proposed a number of reforms that could revolutionise the will-making process including :

• Allowing digital wills; and
• Lowering the legal age for will-making from 18 to 16.

These changes could make will-making faster, more accessible, and more appealing to digitally engaged young people , while opening exciting new opportunities for charitable giving.

Why are electronic wills being considered?

The push for electronic wills has been debated for a while. During the COVID-19 pandemic, many people found traditional will-making too difficult, where getting two witnesses together in person became a challenge. In response, temporary rules were introduced to allow video witnessing.

Since then, online will-writing services have grown in popularity, especially amongst younger adults. According to the National Will Register’s 2024 report, those who are below 45 years old are twice as likely to use an online will writing service than those who are older (13% to 7%).

The UK Wills & Probate Consumer Research Report 2025 also revealed that :

• The use of solicitors dropped from 56% in 2020 to 49% in 2025.
• Use of will writers, DIY will templates, and hybrid services were becoming more popular amongst younger adults.

Despite these changes in behaviour, the law hasn’t fully caught up. Even with online platforms, wills must still be printed, signed in ink, and witnessed in person. Legalising fully electronic wills would streamline the process and better reflect how people live today.

Should 16-year-olds be allowed to make wills?

If 16-year-olds can leave school, work, pay tax, live independently, and even become parents, why shouldn’t they be allowed to make a will?

While most 16-year-olds won’t have large estates, some do have assets, such as savings, compensation payments, or digital assets (like cryptocurrency, social media accounts with monetisation or online businesses).

Lowering the will-making age to 16 would:

• Promote early financial planning and personal responsibility.
• Give young people more control over their legacy.
• Encourage a culture of charitable giving amongst the younger generation.

This also isn’t unheard of globally. For example, in Scotland, people can make a will from the age of 12 if they understand what they’re doing. South Africa also allows 16-year-olds to make wills.

What could this mean for charities?

Charities could see significant benefits from the proposed legal reforms, especially as Gen Z and Millennials are increasingly active in supporting causes online. From using crowdfunding platforms, such as GoFundMe, to spreading awareness on Instagram and TikTok, younger donors are using digital tools to raise awareness on social causes and to give back.

According to JustGiving’s 2025 report:

• Gen Z donates an average of £538 annually to charity,
• Millennials: £534,
• Gen X: £206,
• Boomers: £294.

Legacy Futures also reports that 1 in 10 wills are now made online, and that figure is expected to grow. These wills are also more likely to include charitable bequests, driven by convenience and affordability.

This is further highlighted by FreeWills, an organization that has helped 2,000 charities benefit from legacy donors, who has noticed a surge in activity, now processing around 100 wills per day.

As the younger generation are familiar with technology, the advantages of digital wills may include:

• Convenience and simplicity – One may simply add a charity to their will if it’s on an online form.
• Affordability – Digital wills can be cheaper than solicitor drafted versions
• Data tracking – Charities can track who may have pledged a legacy gift and track demographics, which allows for data that can help charities spot how they can improve their fundraising strategy such as using targeted campaigns.

What are the risks?

While the benefits are clear, there are important risks and legal concerns that must be addressed, particularly around digital wills and younger testators.

Some possible risks of digital wills could include:

• Fraud and forgery – Without physical signatures or in-person witnesses, it becomes more difficult to verify the authenticity of the will and ensure the testators’ true intentions are accurately reflected.
• Undue influence – Young or vulnerable individuals may be more susceptible to coercion, especially when making a will remotely without legal guidance.
• Disputes over capacity and validity – If proper procedures aren’t followed, digital wills are more likely to be challenged by disappointed beneficiaries
• Cybersecurity risks – Digital wills may be vulnerable to hacking, unauthorised access, or tampering if not securely stored.

What can be done to mitigate these risks?

Lowering the legal age for will making to 16 may raise concerns about their understanding and maturity. To address these risks, some safeguards to consider include:

• Identity verification – Strict age and identity checks must be integrated into all digital will platforms to ensure only eligible individuals can create a valid will.
• Enhanced guidance and support – Platforms should include educational materials to help young users understand their choices and their implications.
• Witnessing requirements for digital wills – Secure video witnessing can provide supervision during the signing process, reducing the risk of coercion. Additional tools such as timestamping and identity verification can further enhance security and validity.
• Encrypted storage – Clear records of the will-making process should be stored securely and made available in case of future disputes.

Final thoughts

The Law Commission’s proposals aim to bring will-making into the modern era. By introducing electronic wills and lowering the legal age to 16, the system would be more accessible, especially for young people who are already engaged in social causes online.

For charities, it’s an exciting opportunity to build connections with the next generation of supporters – starting with something as simple as a will.

However, with innovation, it must be balanced with responsibility. To ensure that the benefits of digital wills and lowering the will-making age are not overshadowed by potential risks, the system needs to be supported by legal safeguards and protections. Only then can these changes genuinely empower both individuals and charities.