Electronic Wills Better For Modern LIfe - But Are They Legal?
Electronic Wills

Electronic Wills – Fantasy Or Reality?

7 December, 2017 3 minutes reading time


Protecting our privacy in the digital age has never been more critical. However, electronic wills may soon become a reality.

An estimated 40% of adults in the UK still don’t have wills. Nevertheless, most of us recognise that we should really do it. One of the main reasons for not making a will is being short of time.

Current law

Many clients will make notes about what they’d like to do. Some may even do this electronically. However, under the Wills Act 1837, digital notes, instructions or messages you leave will not carry weight. Your assets will be distributed according to the rules of intestacy (if you die without making a will), or according to the terms of a valid will you have made previously.

Overhaul necessary

As our lives have become increasingly entangled in the digital world, making an electronic will seems to make sense. Looking closely at out-of-date and ineffective legislation, the Law Commission launched a public consultation to reform the ancient law on wills.

According to Law Commissioner Professor Hopkins, “making a will and passing on your possessions after you’ve died should be straightforward”.  Indeed, the Commission has stated that the current law is confusing and outdated.

New proposals

New proposals include allowing social media posts, texts, emails, and voicemail messages to be used in place of a written will.

Serious consideration will also be given to introducing a new mental capacity test. This would consider modern medical understanding of conditions such as Alzheimer’s disease to ensure that people with clear decision-making capabilities prepare Wills.

Further recommendations include reducing the age at which someone can prepare a Will from 18 to 16.

Will electronic Wills work?

Undoubtedly, the Commission’s recommendations make electronic wills a real possibility. Encouragingly, many believe the simplified process will encourage many more (especially the young) to get their house in order.

The legal profession’s governing body, the Law Society, has been largely supportive. “The lack of a formal will should not restrict a court from respecting someone’s final wishes when those can be proven – with appropriate safeguards against fraud.”

Caution

However, we’ll be studying the results of the public consultation (which closed on 10 November) very closely.

There’s legitimate concern among solicitor colleagues over data security. Not least, how best to establish whether the correct person signed the will. Then, issues surrounding undue influence are being brought to bear, especially on the most vulnerable.

Sadly, as we become more reliant on technology, without stringent regulation, poorly drawn-up wills will run the risk of your estate falling into the wrong hands.

In the meantime, if you’d like to discuss how best to make a will, please contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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