The Law Commission recently recommended that the Government allow the making of electronic Wills. The introduction of electronic Wills would mark a significant development in the Wills Act 1837 (the law that governs Will creation). This proposal by the Law Commission has opened a wider conversation on how the law can and should change, to reflect a modern and increasingly digital-savvy society. The case for change Without question, our lives have become increasingly digital. We are seeing high street banks close in favour of online banking, people no longer Googling something, but instead going straight to ChatGPT and the continuation of working from home which has been enabled by online systems and video meetings following the Covid-19 pandemic. Against this backdrop, private client solicitors are often met with a mix of reactions when clients learn of the requirement for Wills to be signed in wet ink and in the physical presence of two witnesses. On the one hand, some people see the signing of their Will as an important moment and feel more secure with the formalities of attending in person. Whilst others feel it is out of step with their daily life and it should be something they can do online. As a result, offering a secure, legitimate way of creating electronic Wills could improve accessibility for those who might not otherwise seek legal advice or who may struggle with the formality and logistics of the current requirements. Did Covid-19 pave a way for electronic Wills? During the Covid-19 pandemic, the UK Government temporarily allowed video-witnessing for Wills. This demonstrated that modern technology could be used to meet the needs of society at the time. However, many practitioners remain dubious about the introduction of electronic Wills, with serious concerns raised regarding undue influence, fraud and safeguarding the most vulnerable. There are already concerns with paper Wills, but the introduction of electronic Wills would raise new questions around how to verify a Will in a world where deepfake, hacking and identity theft are on the rise. Another concern would be how to ensure that the platform was secure and what would happen if there was a breach? Who would operate these platforms and how would we ensure they were properly regulated? A financial and legal perspective on electronic Wills The recommendation to allow electronic Wills reflects the Law Commission’s effort to modernise an area of law that has not changed for nearly 200 years. These reforms, if accepted, will force private client solicitors to engage with new technologies, but they will also, and quite rightly, raise questions around best practices, risk management and how solicitors can support clients in making informed choices. As the conversation around electronic Wills continues, striking a balance between innovation and safeguarding will be imperative. How can Morr & Co help? If you have any questions or would like any further information on the content of this article, please do not hesitate to contact our Private Client team, who will be happy to help. Or email info@morrlaw.com or call us on 0333 038 9100 and one of our team will be happy to assist. Disclaimer Although correct at the time of publication, the contents of this newsletter/blog are intended for general information purposes only and shall not be deemed to be, or constitute, legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article. Please contact us for the latest legal position. Authored by Ola Szymaniec Associate Solicitor Message Tags Insights Perspectives On this page Related Stories Modernising Wills Law Report – key reforms explained Statutory Wills: losing mental capacity without a Will Statutory Wills – FAQs View more Contact our team today to find out more get in touch
