Source: The post “E-wills – The Next Generational Digital Reform India Needs” has been created, based on the article “Where there’s an e-will” published in “Indian Express” on 30th August 2025. E-wills – The Next Generational Digital Reform India Needs.
UPSC Syllabus Topic: GS Paper 3- Growth and development And Infrastructure (energy).
Context: When India flags the need for the next generation of reforms, key to that is the array of digital substacks — the Jan Dhan, Aadhaar and Mobile trinity — that democratised access to social welfare in a way no other country has. One area which has remained largely untouched and needs this reform is inheritance and wills — given India’s demographics and the rising middle class, this has huge ramifications for equity, fairness and economic justice.
Introduction
E-Wills or Electronic Wills are digital versions of traditional wills that allow individuals to create, sign and store their last will and testament electronically. E-wills are prepared and executed using digital technologies, often involving electronic signatures and digital storage, unlike conventional wills which are handwritten or printed on paper.
Main Body
Issues with conventional wills
- Rural-urban divide: 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.
- Lack of expertise: The access to and inclination for legal expertise is limited in smaller towns and villages.
- Forgery: In cases where conventional wills are written, forgeries, multiplicity of wills, and corresponding challenges in courts are rampant.
- Inefficiency: The use of written paper wills with wet (by hand) signatures and physical witnesses limits adoption and scalability.
Advantages of e-wills
- Efficient and easy: E-wills offer a streamlined and efficient alternative to traditional paper-based wills, addressing the challenges of physical storage, accessibility, and potential tampering.
- Prompt process: The e-wills cut through red tape and speed up access.
- Remove geographic barriers: Testators and witnesses can complete the process virtually, eliminating geographical barriers and reducing the time and cost associated with in-person interactions.
- Reduce judicial burden: It will reduce the burden on courts extensively, 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.
- Increased accessibility: The issue of lack of access to proper legal infrastructure in remote and rural areas will also be mitigated substantially.
Case studies
India
- Chapter 4 of Uttarakhand’s Uniform Civil Code Rules, 2025
- It 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.
From around the world
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.
Canada
- In Canada, British Columbia and Saskatchewan are two provinces that have enacted legislation recognising electronic wills as valid forms of testamentary instruments
- 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.
Way Forward for India
- Technology insertion: India should allow will-creation using digital channels — especially mobile, including in vernacular languages; use technology to ensure non-repudiable authentication.
- Data security: 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 should be incorporated.
- Legislative reforms: Appropriate amendments in relevant laws should be made, 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.
Question for practice:
Define Electronic Wills and issues related to it in India. Suggest some way forward in order to mainstream it in India.
