A growing number of people in Scotland believe Wills should be signed and stored electronically, highlighting a widening gap between public expectation and current law.

A survey by Will Aid found that 61 per cent of adults in Scotland support digital Wills, compared to 54 per cent across the UK.

Despite advances in digital services, inheritance law is still governed by the Wills Act 1837, which requires documents to be printed and signed in ink to be legally valid.

The survey of 2000 people also found that 49 per cent of respondents in Scotland support video witnessing through platforms such as Zoom or FaceTime.

However, some caution remains, with 13 per cent opposing electronic signing and 20 per cent against remote witnessing due to concerns around security.

The Law Commission published proposals in May 2025 recommending the legal recognition of electronic Wills and permanent remote witnessing, but these changes have not yet been implemented.

Lauren Smith said:

“Unfortunately, the law never seems to move as fast as technology, and often people tend to forget this.

“Whilst so much of everyday life is now dealt with online it is important to realise that Wills must still meet certain criteria which was set out nearly 200 years ago.

“There are discussions of reforms, but lots of factors have to be considered to ensure that the Will maker is protected and to ensure that a Will cannot be unlawfully made on behalf of someone else!

“Professional advice is essential to ensure that your wishes are met, and your loved ones are not left a mountain of problems to deal with after your death.”

Peter de Vena Franks said:

“The public is clearly ready for the law to modernise in this respect.

“While the Law Commission has provided a roadmap for modernising these Victorian-era rules, we would welcome the changes come in sooner rather than later.

“What is really important when it comes to making a Will is to liaise with a solicitor who will provide the gold standard of Will writing.

“That’s why the annual Will Aid campaign in November is so special, our firms volunteer their time and expertise to ensure everyone who takes advantage of the scheme has a Will drafted by an expert.

“Not only does that provide essential peace of mind that your wishes will be met, but it also helps eight of the UK’s most loved charities continue to carry out the exceptional work they do.”

Will Aid runs an annual campaign each November where participating solicitors write basic Wills in exchange for voluntary donations to charity.

Suggested donations are £120 for a single Will and £200 for a pair of mirror Wills, supporting eight major UK charities.

The findings point to growing public support for reform as legal frameworks struggle to keep pace with modern technology.

Appointments do go very quickly, so it is advisable to sign up now at https://www.willaid.org.uk/early-bird