The Electronic Will Revolution?
The Law Commission for England and Wales has said that current will writing methods need to be modernised, they have suggested that electronic communications such as text messages and emails could be used as a will in certain circumstances.
A valid will must be written by a person aged 18 or over who is of sound mind, the Will must then be signed and witnessed by two people (who are also over 18 and of sound mind) who then sign it themselves.
If the proposed changes are bought in it would mean that unregulated messages written by people with no legal knowledge are sufficient to communicate their wishes after their death. A Judge would then have to approve them as valid and certify the wishes to be carried out.
Lawson-West has an expert Wills and Probate team, they have certain reservations about this story as pointed out below:
- It sounds very risky to be able to write a will by email or text. A testator must have the necessary capacity. What if the person sending the text is intoxicated? How would you know that it is that person making the disposition if it is not signed in the presence of two witnesses?
- For reassurance, and a relatively small fee, a will that is professionally written will ensure that a testators estate is dealt with in accordance with their wishes.
- Leaving it to chance or by email/text is likely to have the effect of beneficiaries/potential beneficiaries contesting (which would cost far more than what it would have cost for a simple Will to resolve).
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