Deep Dive: 'Authenticity' – Proving Identity When Creating an Electronic Will
November 26, 2025
Deep Dive: 'Authenticity' – Proving Identity When Creating an Electronic Will
Part 1 of our series of deep dives on the three requirements of a “Reliable System” for electronic wills.
Why Authenticity Matters in an Electronic Will
Based on the Law Commission's recommendations for modernising wills law, for a will to be legally valid, we must be absolutely certain who signed it. That’s always been true even back to 1837 when the current Wills Act was enacted, but in the digital world, the tools are different. No more paper and pen, the law will require a ‘reliable system’ that can prove the identity of the Testator (the person whose will it is) and the Witnesses beyond reasonable doubt.
This article builds on our earlier guide, ‘Electronic Wills in the UK: What is a Reliable System?’ and explores the first requirement in depth, what we refer to as 'Authenticity'.
What the Law Will Require: Linking the Person to the Signature
The Law Commission’s recommendations in the draft bill requires electronic wills to ensure that the Testator and Witnesses are “reliably linked to their signatures at the time of signing.”
This is the digital equivalent of the traditional rule that the person, their pen, and the paper must all be physically present in the same place, at the same time.
In the digital world:
- the pen becomes a cryptographic signature,
- the paper becomes a secure electronic document, and
- the person is verified through strong digital identity checks, and
- the place is an online room – think of video calls.
A reliable system must show that the correct person (the testator) pressed the button to sign and be able to prove it later. This creates a form of non-repudiation; meaning no one claim that the signers did not sign the document.
The Digital Challenge: Beyond the Checkbox
In everyday life, many of us use simple electronic signatures, typing a name, clicking a button, or inserting a JPEG image of our signature in a document.
For a will, this isn’t even close to enough.
- Typed names can be faked.
- Scanned signature images can be copied.
- Basic e-signatures often lack the verification needed to prove who signed and when.
And while most people don’t see the behind-the-scenes data of everyday e-signature tools like DocuSign, for a will we need something stronger: proof that the signature was created by a verified individual, using a unique signing key under their sole control.
The Gold Standard: Qualified Electronic Signature (QES)
Currently, the only type of digital signature with the same legal recognition as a handwritten (wet ink) signature is the Qualified Electronic Signature (QES).
Under UK law (via eIDAS), a QES carries a presumption of validity, meaning that if anyone challenges the signature, the person challenging it must prove it’s invalid.
This puts the onus on anyone contesting a will, reducing the likelihood that wills will be contested on these grounds if the appropriate ‘reliable system’ including QES was used.
Think of a QES as the VIP version of digital signatures.
A QES is an AES with two extra safeguards:
1. A Qualified Trust Service Provider (QTSP)
A QTSP is a certified, audited identity-verification provider.
They are legally liable for verifying your identity.
This often involves:
- Video and/or biometric checks
- Verification of government-issued photo ID
- Strong multi-factor authentication
For those of you familiar with notaries – those specially designated people who review our ID and documents to sign off that they are authentic – think of a QTSP as the digital equivalent of a highly regulated digital notary.
2. A Qualified Signature Creation Device (QSCD)
A QSCD ensures that the signer’s private key – the digital equivalent of a personal signing pen – remains under the signer’s sole control.
It’s like having your own secure signing device that no one else can access, even if they had access to your phone or laptop. An extra level of security for you, and a significant improvement over the paper and pen-based process.
The Technology Solution: The Digital Security Stamp
To meet the authenticity requirement, a reliable system uses Public Key Infrastructure (PKI).
You don’t need a background in cryptography to follow this, here’s the simple version of how modern digital signatures prove identity and protect your will.
1. Your Digital Keys (Your Secret Pen + The Public Checker)
When you sign digitally, the system generates two linked codes:
- Private Key (your secret pen): Only you (or your secure device) can use it to create the signature.
- Public Key (the checker): This travels with the document and lets anyone confirm the signature is genuine.
Your Private Key uses the content of the will to generate a unique, locked code; your digital signature. It works like a private stamp only you can press, and a public reference others can use to check it’s real. The tech behind this is complex, but it’s very easy to use in practice.
2. The Digital Certificate (Your Verified ID Tag)
On their own, the keys are just clever maths.
A Digital Certificate turns them into legal proof:
- When it is issued by a QTSP
- After rigorous identity verification
- Binding your Public Key to you, the real, verified person
This certificate is embedded in the will, acting as a secure, notarised identity badge attached to your signature.
3. The Tamper-Proof Check (Proving Nothing Has Changed)
Your digital signature is a fingerprint of the entire document at the moment of signing.
When someone checks the will later, the system:
- Reads your Public Key
- Uses it to unlock your signature
- Reveals the original document fingerprint
- Compares it to the current document fingerprint
If they match, two things are guaranteed:
- You signed it
- The document hasn’t changed, not even by a single character
This is why digital signatures are so powerful: they instantly prove both who signed and that nothing has been tampered with. Exactly what a ‘reliable system’ requires.
How adeus Meets the Authenticity Requirement
At adeus, we meet—and exceed—the ‘Authenticity’ requirement by building our platform around the QES gold standard. As a company backed by an Innovate UK Smart Grant and supported by LawtechUK to build the foundations for electronic wills, we are securing the entire execution journey .
Strong Digital Identity Verification
Before signing begins, users complete multi-factor authentication and robust identity checks.
Secure Key Generation and Storage
Private keys are generated and stored in an encrypted environment, activated only by the authenticated user.
Immutable Audit Trails
Every action – login, ID checks, e-signature – is recorded with timestamps and IP addresses, creating a clear, court-ready evidence trail.We then keep all of this data (called metadata) securely in adeus True Wills to provide a ‘book of evidence’ if it’s ever needed by either the person’s loved ones, or a court.
All this happens quietly behind the scenes. The user simply follows the guided steps; we do the heavy lifting.
Next in the Series: Security
Authenticity tells us who signed. Security ensures the environment in which they signed was safe. In our next article, we’ll explore how a reliable system protects an electronic will from fraud, loss, damage, impersonation, and even emerging risks posed by AI.
Frequently Asked Questions (FAQs)
Q1. What’s the difference between a simple signature, an AES, and a QES?
A simple signature (like typed text) shows intention.
An AES is cryptographic and uniquely linked to the signer.
A QES adds government-mandated verification (QTSP +QSCD), giving it the same legal standing as a handwritten signature.
Q2. How is my identity verified?
A QTSP verifies your identity using video and biometricchecks, official photo ID (i.e. drivers’ license or passport), and multi-factor authentication.
Q3. Can my signature be copied onto another document?
No. A digital signature – in this case a QES – is tied to the specific content of the will at signing. Copying it would fail verification immediately.
Q4. Is a QES difficult to use?
Not at all. The cryptography happens behind the scenes, signing feels as simple as clicking a button and following the guided steps we’ve carefully designed to make it easy to use.
About adeus
adeus (Mankind Technologies Ltd.) is uniquely positioned to build the foundations for electronic wills in England and Wales. Backed by the UK Government, through an Innovate UK Smart Grant and supported by LawtechUK we’re also recognised as a law tech pioneer by industry figures. We’re combining legal rigour, modern technology and user-centred design to deliver a trusted, future-proof foundation for electronic wills (e-wills).
Our work ensures that when the new law arrives, the technology to make electronic wills safe and secure is in place, wrapped in a user-friendly customer experience. Our goal is to make it easy for people to create their will and update it as their lives and wishes change.
About the Author
Mark Hedley is the co-founder of adeus, a UK legal-tech company focused on modernising will-writing and digital legacy planning. He writes regularly about the upcoming reforms to the Wills Act, the future of electronic wills in England & Wales, and the evolving digital legacy space.
