Would you want to tweet your will rather than have it written out and signed? How about a will made by text message, video recording or Facebook post?
The Law Commission has begun a public consultation on how wills are made and what the law does to protect against fraud. The law surrounding wills is one of the oldest and remains relatively unchanged since the Wills Act 1837. So, as we race through the digital age, is now the time for a change?
There are strict rules on how wills must be signed for them to be valid. With some exceptions, all wills must be in writing and signed in the presence of two witnesses, who themselves must sign the will. The presence of witnesses is crucial should there be queries after death regarding the circumstances of the signing as they may be able to provide vital evidence.
Solicitors have concerns about what safeguards would be put in place to guarantee the integrity of an electronic will? For example, how can you assure that an electronic will has not been hacked or made by someone else?
Also, it is not possible for a person under 18 to make a will. Should that be reduced to 16 as some suggest?
The current system may not be perfect and a discussion about how making wills can be improved is to be welcomed. But signing a professionally-drafted will helps to safeguard your wishes. With the benefit of professional advice and preparation a solicitor can ensure your wishes are properly detailed and, crucially, ensure that the document is valid.
The contents of this article 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.
Related insights
Your Will should change as your life does – when did you last review yours?
It’s a common misconception not only that Wills are something to think about later in life, but that once written, the job is done. In reality, a Will should evolve…
Read moreSpring clean your business’s contracts and policies
As your business grows and the legal landscape continues to shift, scheduling an annual “spring clean” of your contracts and internal policies is a smart way to stay compliant and…
Read moreNational Pet Day: Why pet owners should think about a pet‑nup
As the UK celebrates National Pet Day this month, it’s the perfect moment to celebrate the animals who brighten our lives – and to think practically about their wellbeing should…
Read moreDebenhams Ottaway celebrates homegrown talent with two promotions
From 1 April 2026, Hertfordshire law firm Debenhams Ottaway celebrates the promotion of Barry Griffin, one of its homegrown salaried partners, to equity partner. This follows five salary to equity…
Read moreEvent: How to protect your business through smarter compliance and supply chain security
Join us for this exclusive event with UK cyber security leaders Xpertex, where we will break down what today’s threat landscape really means for your organisation. You’ll gain practical, actionable…
Read more