New legislation could be passed allowing electronic wills to now be feasible, says the Law Commission.
According to the Law Commission, a new Wills Act could allow electronic wills to be introduced ‘immediately’ if Parliament wishes. The commission has launched a supplementary consultation on the issue six years after its original proposals and is seeking views on whether a new Wills Act should allow paperless wills; either immediately or by allowing them to be introduced later.
The Background
The law governing the making of wills is 180 years old, having been established in the Wills Act 1837. In 2016, the Law Commission started researching the current law and potential changes to modernise it. Then, in 2017, the commission first sought views on whether England and Wales should become the first major jurisdiction in the world to allow electronic wills. However, this project was paused in 2019 after the government asked them to prioritise work on the law around weddings instead.
Should Electronic Wills be Permitted in the UK?
In its supplementary consultation on the legal framework governing wills, which was launched on 5th October 2023, the commission states that digitally signed electronic wills are now more feasible in light of technological advancements and the effects of the pandemic restrictions. Many countries (including the UK) allowed paper wills to be witnessed virtually during the pandemic. Since then, some countries have brought in permanent reforms to allow electronic wills. issue
The consultation therefore asks whether electronic wills should be legally valid and if so, how and when bespoke requirements for these wills should be introduced. However, it confirmed that any provision for electronic wills would need to ensure that they are as secure as paper wills.
Predatory Marriages and Wills
The other matter broached in the supplementary consultation related to ‘predatory marriages’. There have been increasing concerns about predatory marriage - where a person marries someone, often who is elderly or who lacks mental capacity, to gain access to their estate and assets on death.
This type of abuse is pertinent to wills because marriage or civil partnership revokes a person’s will, meaning that their spouse or civil partner may inherit most, if not all, their estate in the absence of a new will. As a result, the consultation also asks whether marriage or civil partnership should no longer automatically revoke a will, given the risk of predatory marriage.
The commission is seeking responses to its consultation by 8th December 2023. The consultation paper is part of a wider wills project to ensure that the law relating to wills is as straightforward as possible, reflects contemporary needs and protects the most vulnerable.
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