Problems Making a Will Electronically

The Law Commission’s report on making a will needs to be updated so as to reflect modern day society and bring the law in line with the electronic age.

The law on making a will (usually by solicitors) has not been updated for many years.  In fact 40% of people in the UK die without making a will, the consequences can be damaging to the loved ones left behind.

The lack of a will may also cause squabbles and arguments, the estate left with paying the death taxes at 40% when there are simple legal matters that can be done before death to reduce the impact of tax.  After all, the deceased would have paid all those taxes over the years, why pay the HMRC again when you die.  It’s simply a double tax.

Counter Arguments to Making a Will Electronically

The report is thinking that wills can be made by:

• Text message
• Email
• Voicemail

It is also considered that people as young as 16 years of age can also make a will electronically.  It will make the process of drafting a will easier and more accessible.  However there is another serious balance that has to be considered.

Whilst it is welcomed that the law should be simplified and easier to make a will it has to take certain safeguards into account.  Such as electronic documents can provide a treasure trove for dissatisfied relatives.  They could go through every email, text and find out the right one that suits their point of view, or the deceased’s real wishes.

Whatever the law, it certainly must be brought up to date and we welcome such changes providing that the correct safeguards are on place.

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