The laws governing Wills dates back to the Victorian era with no significant changes made for over two centuries. With that in mind, the Law Commission has made some recommendations to the Government with a view to ensuring laws relating to Wills are more appropriate to this modern age, including the provision for electronic Wills.
Under section 9 Wills Act 1837 a valid Will must be in writing, signed by the testator (or some other person in their presence and by their direction) and made in the presence of two or more witnesses who must also sign the Will. During the Covid pandemic, temporary provisions were made for Will witnessing to be allowed remotely via video link; however, this allowance ended on 31st January 2024. Did this temporary change to more modern practises highlight scope for modernisation?
It is undeniable that there are some benefits to written Wills with strict laws on signing and witnessing, especially in ensuring that the Will hasn’t been altered or made under influence or without mental capacity. A very well thought out and reliable system would have to be in place for the use of electronic Wills to avoid raising questions such as – is this Will a copy or an original? Have changes been made without the testator’s knowledge? Has a valid Will been unintentionally deleted?
Regardless of whether the law on Wills is updated to fit in with our digital era, it will always remain important to ensure you have a correctly drafted Will which adheres to your wishes. If you need any assistance with Wills, Powers of Attorney or Estates, get in touch with a member of our team who can assist.
