Opinion Where there’s an e-will

A minuscule fraction of Indians write a will; even those who do are highly concentrated in the major metro cities, leaving a huge gap in rural and remote areas. Even in cases where wills are written, forgeries, multiplicity of wills, and corresponding challenges in courts are rampant.

Access to and inclination for legal expertise is limited in smaller towns and villages, and the use of written paper wills with wet (by hand) signatures and physical witnesses limits adoption and scalability.

This calls for the adoption of electronic wills. These have several clear advantages that cut through red tape and speed up access. Electronic/ digital wills offer a streamlined and efficient alternative to traditional paper-based wills, addressing the challenges of physical storage, accessibility, and potential tampering. Testators and witnesses can complete the process virtually, eliminating geographical barriers and reducing the time and cost associated with in-person interactions. A digital process will reduce the burden on courts extensively, at least in terms of challenges to execution and authenticity, as it will address the concern of non-repudiable authentication, using auditable trails in the system infrastructure. The issue of lack of access to proper legal infrastructure in remote and rural areas will also be mitigated substantially.

In different forms, use cases exist in various parts of the world, and have also started taking shape in India. Some of these are: Chapter 4 of Uttarakhand’s Uniform Civil Code Rules, 2025 has implemented procedures for fulfilment of activities like registration and novation of wills via web or mobile. The rules allow testators to register their wills/codicils through an online process, streamlining the procedure and reducing dependency on physical paperwork.

A testator can revoke or revive a previously registered will/codicil or declare a particular version as their last will through online registration, enhancing accessibility and clarity. The rules incorporate technology by providing different ways for registration, including a web portal/mobile app, document upload as well as video will statement. While this is a huge step forward, the rules do not yet provide for full-fledged digital wills with electronic signatures, blockchain-based authentication etc.

In the United States, the Uniform Electronic Wills Act is a model law. It validates wills stored electronically, allows for remote witnessing, and includes a “harmless error” provision allowing for validation of wills which don’t exactly meet execution requirements so long as they are readable as text and were intended to act as a will.

It is expected that the adoption of the UEWA will modernise the law, encourage more people to make wills, and solve the handwritten wills recognition problem by providing a harmonised framework. It was first passed in 2019 and has since been adopted and enacted in nine states, including Colorado, North Dakota, Utah, the US Virgin Islands and Washington.

In Canada, British Columbia and Saskatchewan are two provinces that have enacted legislation recognising electronic wills as valid forms of testamentary instruments, having done so on December 1, 2021 and May 17, 2023, respectively.

Bill 21 of British Columbia updated the existing Wills, Estates and Succession Act passed in 2009 with several technological advancements: Digital wills, remote virtual witnessing, digital storage of wills, and the ability to digitally revoke or update a will.

In India, any solution should allow will-creation using digital channels — especially mobile, including in vernacular languages; use technology to ensure non-repudiable authentication, and with stringent information security measures that include the use of Aadhaar OTP/eSign “signing” of the will and by the witnesses, or other similar digital authentication, along with video testimony.

If electronic wills have to be introduced in India or solutions similar to the above have to be implemented, appropriate amendments in relevant laws will be required, including the following: The Bharatiya Sakshya Adhiniyam, 2023; The Indian Succession Act, 1925; the Information Technology Act, 2000; The Hindu Succession Act, 1956, and The Registration Act, 1908.

As India transitions towards digitisation across various sectors, recognition of electronic wills will modernise the estate planning process and encourage more individuals to formalise their succession plans, addressing the current gaps in accessibility and legal recognition of digital instruments. Each one of us invariably knows of people — widows, children etc. — who have been deprived of their legitimate inheritance by opportunistic family members or others related to the deceased because no will existed — or was allowed to be enforced.

These reforms will do the fullest justice to the citizens whose inheritance will shape our future.

The author, a former banker, is an entrepreneur, investor, and strategy coach