A new report and draft bill published last week could pave the way for digital wills to be introduced in England and Wales.
It’s a change in the law that we’ve been calling for for some time, and one that has the potential to make will-making more secure and convenient than ever.
Will-making is currently governed by the Wills Act 1837, which requires wills to be signed in pen and ink and witnessed in person by someone with ‘clear line of sight’ of the person signing.
These rules mean wills remain one of the few legal documents that can’t be signed and witnessed online.
But a new report from the Law Commission of England and Wales contains proposals to allow wills to be made, signed, and witnessed remotely, alongside a draft bill that has been sent to the
Government for consideration.
The Law Commission’s recommendations are that:
⦁ Wills should be signed with electronic signatures that can be linked back to the signatory
⦁ Systems should be in place to identify wills and protect them from unauthorised amendment or deletion
⦁ Use of video calls should be allowed for witnessing of signatures
We believe this is a massive step in the right direction. Here’s why:
Security and dispute resolution
Adding secure digital signatures to documents has the potential to prove beyond doubt that wills are genuine. Meanwhile the recording of video at the time of signing and witnessing can provide evidence that the will was made legally and without coercion.
Convenience
Will-making is one of those important jobs that is easy to put off. One of the reasons that wills do not get made is that it takes time to make arrangements for signing and witnessing. In today’s world where we do the majority of life admin remotely, it can be difficult for people to put time aside to make sure their final wishes are recorded. We believe removing his barrier will mean fewer people put off the important task of making a will.
Secure storage and accessibility
As well as being emotionally challenging, the process of dealing with a loved-one’s estate can be difficult if relevant documentation cannot be accessed. Introducing digital wills has the potential to smooth the process for those left behind.
Videosign CEO Steven Tallant says: “The proposals from the Law Commission are very encouraging, and perhaps go further than we might have expected to pave the way for the introduction of electronic wills.
“This is a change we have been hoping to see for some time, because we believe it will make will-making more secure and convenient than ever.
“This is an area of the law that has failed to keep up with technological developments. Most contracts and legal documents can now be signed and witnessed remotely, and it absolutely makes sense to modernise the law around will-making using the technology that is now available.”
Will-making currently follows the Wills Act 1837, which requires pen and ink signatures, and witnesses to have a ‘clear line of sight’ of the testator signing – meaning that use of video conferencing is not allowed.
Rules were relaxed during the COVID-19 pandemic to allow remote witnessing, but this temporary amendment expired in early 2024.
Interested in learning more about how Videosign are prepared for this change? Book a demo today!
