What could digital reforms mean for Scotland’s legal sector? Guest blog by Legado CEO and founder Josif Grace

The Law Commission of England and Wales recently published final recommendations to modernise the Wills Act, including proposals to allow for the digital signing and witnessing of wills. While these changes do not apply in Scotland, they raise timely and relevant questions for legal professionals north of the border.

Scotland’s succession law operates within a distinct legal framework, with its own rules around capacity, witnessing and execution. At present, there is no indication that equivalent reforms are imminent. However, the broader momentum around digital transformation in legal processes, particularly where client engagement and accessibility are concerned, is hard to ignore.

These proposals are not simply about introducing new technology. They reflect a growing drive to reduce friction, simplify legacy planning, and align legal services with how people increasingly manage their affairs — securely, remotely, and on their own terms.

Changing Client Expectations

Despite the fundamental importance of will-making, more than half of UK adults still do not have a will. The reasons vary, but a consistent barrier is the perception that the process is too formal, too complex, or not designed with modern life in mind. While legal reform in Scotland may not be imminent, client expectations are shifting across the UK.

This presents a challenge as well as an opportunity for Scottish firms. Individuals increasingly expect the same clarity, flexibility and security from legal services that they experience in banking, healthcare and financial planning. Firms that can deliver that while still upholding legal rigour will be well placed to meet demand.

Kirsten Leckie, a director and a knowledge and development lawyer in Burness Paull’s private client team, said: “In Scotland, we are watching with interest to see how the proposed reforms from the Law Commission to making a will unfold in England and Wales, particularly regarding electronic wills.

“Across the legal profession, there is recognition that we must modernise – changing generations interact with their personal affairs differently now than even a generation ago. Making a will and passing estate on death is fundamental.

“Changes which make this process easier and more accessible are to be welcomed, but must ensure the right protections are in place to protect the gravitas and integrity of wills as well as vulnerable individuals.”

Strengthening the Experience with Digital Infrastructure

Even without legislative change, Scottish firms are already improving the client journey by adopting digital infrastructure.

Platforms like Legado are being used by firms across the UK – including by Co-Op Legal Services, one of the largest providers of estate planning and probate services in the UK – to securely store and share documents, support encrypted client communications, and facilitate digital signing where appropriate.

The use of electronic signatures is already well established in many areas of legal practice. As Walter Clark, partner at Pinsent Masons LLP, observes: “COVID significantly accelerated the use of digital signatures across the legal profession, although some Scots law documents still require wet ink. 

“There are clear advantages to the digital route, particularly around verifying identities, time stamping, and protecting the overall integrity of what’s been signed. It may take time for the law to catch up in Scotland, but it absolutely makes sense for it to do so.”

This infrastructure is not about replacing legal processes but reinforcing them. It gives professionals the ability to manage documents securely, trace actions clearly, and offer clients long-term visibility over their affairs. By embedding tools such as digital vaults, audit logs and identity verification into workflows, firms can increase both efficiency and trust.

These enhancements support better client engagement and reduce the administrative burden, while maintaining the core legal safeguards that underpin the process of will-making.

Looking Ahead

Scotland may not yet be pursuing the same legislative path as England and Wales, but the profession is still part of a wider shift in how legal services are delivered. The question is no longer just about legal reform. It is also about operational readiness and the experience clients receive.

This moment provides space to reflect. Are our systems and processes keeping pace with the expectations of the people we serve? Firms that take steps now to modernise their approach will be better prepared to lead if and when the legal landscape shifts, and will deliver greater value to their clients in the meantime.