Open to abuse’ – just one in four lawyers would welcome electronic wills, study finds

1 October, 2025

Three-quarters of probate lawyers say allowing wills to be signed and witnessed electronically will be open to abuse – but only 13% would refuse to do it if it became law, research has found.

A study by the CLC has revealed a reticence among 72% of professionals to back the Law Commission’s recommendations to modernise existing legislation unless better safeguards are put in place.

But whilst the practice, which was introduced as a temporary measure during the pandemic, would only be welcomed by 25% of those surveyed, 50% would do it ‘if everyone else was’ and a further 13% said they would, but only at the request of clients.

The study garnered the views of 88 practitioners on the state of the probate industry.

Whilst there were still some issues with the online probate process for complex or technically difficult cases, 83% of respondents said it worked well for straightforward applications.

Half (49%) said the average wait for a grant of probate was around four weeks or less, although 40% had experienced longer waiting times. Nevertheless, this continues to be a significant improvement on the 12-week high seen just a couple of years ago as HM Courts and Tribunal Service (HMCTS) struggled to cope with the post-Covid backlog.

Banks also came in for criticism, with 87% claiming they had experienced discrepancies between different banks as to how much money they would release from a deceased’s estate and to whom. Half of the lawyers surveyed said this happened to them ‘all the time’.

Respondents agreed overwhelmingly that a standardised procedure should be put in place across all banking institutions for dealing with probate queries.

Stephen Ward, director of strategy and external relations at the CLC, says: “Allowing wills to be electronically signed and witnessed presents both a huge opportunity to further streamline the process and increase security, but it must be done carefully.

“It would undoubtedly be more convenient and accessible, but it will be vital to address concerns about the potential for fraud and undue influence to ensure security and trust and confidence in the process.”

More could also be done to educate consumers on the probate process, the study found, with 89% claiming that consumers they spoke to were largely unaware of what it involved, including the timescales and personal risks.

Almost all had advised clients who had got into difficulties trying to navigate the probate process themselves before deciding they needed specialist legal advice.

More than half (58%) said they had acted for clients who had been forced to take out loans to cover inheritance tax bills whilst waiting for probate to be granted, with 77% in favour of extending the 12-month window for inheritance tax share loss relief.

Several probate lawyers said they had also had clients who only discovered they had been appointed as an executor after the testator had passed away.

Stephen Ward adds: “Educating consumers about probate is a perennial challenge, largely down to the fact that many people don’t like talking or even thinking about death.

“Whilst people should be realistic about the timescales involved, executors can be proactive by gathering documents such as bank statements and title deeds in advance and appointing a licensed probate practitioner who will be able to guide them through the process.”