Wills can often be contentious for families and friends. At the same time, over the past few years, technology has come on in leaps and bounds, so it is no surprise then that the Law Commission has launched a consultation on two issues: the use of electronic wills and whether marriage or civil partnership should continue to automatically revoke an existing will.
Wills are important documents used to set out how a person’s estate should be distributed on their death. If a person dies intestate (without leaving a valid will) then their estate will be distributed in accordance with the intestacy rules which are laws that set out who is entitled to administer and benefit from the estate.
In order for a Will to be valid, it is required to be in paper form and be executed in accordance with the formalities set out in the Wills Act 1837. The Covid-19 pandemic made it difficult for individuals to meet these legal formalities.
During the pandemic, several countries, including the UK, allowed wills to be witnessed virtually. Since then, some countries have introduced permanent reforms to allow electronic wills.
The Law Commission originally consulted on these issues in 2017, however the use of electronic documents then was not as widespread as it is today, but as a result of the pandemic, we have seen a technological revolution. Teams and Zoom are now everyday tools -they have made the world we live and work in far more flexible and quicker, yet some areas of our lives still lag behind. That is why the Law Commission have re-commenced their consultation on whether to allow electronic wills.
In addition, the Law Commission is consulting on whether a marriage or civil partnership should continue to revoke a will. This is because of the rising concerns involving predatory marriages and civil partnerships. These are unions in which a partner lacks the mental capacity or is too elderly to make informed decisions. The revocation of a valid will and automatic interest in an estate, created by marriage opens the doors to financial abuse, by reforming current legislation, the temptation to abuse can be removed.
Given that the current law governing wills dates from the Victorian era, the Law Commission is of the view that the law needs to better reflect the modern era than it does today.
The consultation poses two main questions:
- Should electronic wills be legally valid? If yes, how, and when should bespoke requirements for these wills be introduced?; and
- Should marriage or civil partnership automatically revoke a will, given the risk of predatory marriage?
As Professor Nicholas Hopkins, the Commissioner for Property, Family and Trust Law, has said, the review “aims to ensure that the law is modern and as straightforward as possible, protecting the most vulnerable and giving greater effect to everyone’s last wishes”.
The Commission is seeking response to its consultation by 8 December 2023. Those who want to contribute can find the consultation at this link where responses can be submitted. The website also details the Commission’s postal address should you wish to reply by mail. When the consultation closes, the Commission will analyse the responses to inform its recommendations to the Government on these two topics.
Should you have any questions about wills generally or the Law Commission’s consultation, please contact Charlotte Keating, Partner and Head of Private Client and Bethany Coward, assisting paralegal based in our Manchester Office.
