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
Do I need a solicitor if the assets in our marital pot are straightforward?
When separating from a spouse or civil partner, it can be tempting to assume that legal advice is unnecessary if there are only modest assets involved. Many people believe that…
Read moreDebenhams Ottaway recognised as one of the 2026 eprivateclient Top Law Firms
Debenhams Ottaway’s private client team has been recognised as one of the 2026 eprivateclient Top Law Firms, marking the sixth consecutive year the team has received the accolade. Published annually,…
Read moreInheritance disputes: 4 top tips if you are considering making an Inheritance claim
The loss of a loved one is never easy. Learning that you have not been adequately provided for under their estate can add further distress, particularly where this results in…
Read moreTrusted expertise and client insight drive improved Chambers UK 2027 rankings
Debenhams Ottaway has achieved another strong set of results in Chambers UK 2027. The results follow our recent Legal 500 2027 success, where every ranking was maintained, and the Chambers…
Read moreLiquidators’ challenge to Co‑op restructuring fails: Key lessons on undervalue and preference claims
Liquidators challenged a 2015 restructuring that stripped assets out of Food Retailer Operations Limited (FRO) before its insolvency, arguing undervalue and preference. The court had to determine the nature of…
Read more