Following the Law Commission’s report ‘Modernising Will Law’ in England and Wales, recommendations are being made for electronic wills to ensure legal clarity, accessibility, and security in digital testamentary documents to fit the modern age.
During the pandemic, the UK adapted its legal procedures by introducing paper wills that could be witnessed virtually through video platforms. This temporary measure was implemented to ensure individual have access to their wills while following social distancing and lockdown guidelines. However, once the lockdown ended, the temporary measures followed.
Wills Law
A Will is one of the most important legal documents a UK adult can create. However, the law governing Wills has been criticised for being unclear and outdated, as it is based on the Wills Act 1837.
The formal requirements for creating a valid Will remain largely unchanged since the enactment of the Wills Act 1837:
- The will must be in writing
- The will must be signed by the testator, or by a person on their behalf in the presence
- The testator must sign the will in the presence of two or more witnesses. While the witnesses must sign and attest the will.
- The testator must intend their signature for the will to have legal effect
- The testator must be at least 18 years old
What are Electronic Wills?
Electronic wills enable individuals to create, sign, and have their wills witnessed electronically, removing the need for physical presence when validating a testator’s signature. While electronic signatures are widely used in legal documentation across the UK, current legislation does not extend to the execution of wills. Electronic wills are legally recognised and accepted in parts of the United States, Canada and Australia.
Considering the Benefits and Drawbacks of Electronic Wills
The Key Benefits
Accessibility: An electronic will enables the convenience of creating and signing a will from your own home or in an office without needing to meet the lawyer in person. The requirement of witnessing physically present can be adapted to accommodate digital witnessing through video platforms which was utilised in the pandemic.
Secured by technology: Electronic wills can also be digitally stored which can make you or your loved ones easily retrieve the electronic will to give effect to your last wishes. Blockchain technology could be used to authenticate wills and prevent alterations.
Accuracy: There are accessible online templates and tools which offer guidance and reduces information errors.
The Potential Drawbacks
Storage concerns: If the electronic will is not stored properly, there is a possibility of becoming lost or becoming inaccessible. There is a possibility of technical issues as digital documents can be more susceptible to hacking, fraud or tampering.
Vulnerability: Electronic wills can be created without a lawyer or advisor present. There’s a risk of alteration and manipulation. The importance of ensuring the validity of electronic signatures and presence of witnesses.
Artificial Intelligence: The development of artificial intelligence has raised a concern of relying on technology for such as important legal document. Artificial intelligence fails to understand the personal and emotional effects of decisions with the individuals’ circumstances.
Conclusion
The government is expected to respond to the Law Commission’s report to decide whether the legislation should be implemented. In the future Heir Hunters could access electronic wills which could accelerate the process of identifying beneficiaries through a digital database, reducing time in asset distribution.
