The last six years have seen increasing recognition of the use of digital documents and signatures in other contexts, as well as developments in technology. The COVID-19 pandemic has also taken place,

during which technology facilitated will-making.

The last six years have seen increasing recognition of the use of digital documents and signatures in other contexts, as well as developments in technology. The COVID-19 pandemic has also taken place, during which technology facilitated will-making.

The Law Commission is consulting again regarding electronic wills.

The last six years have seen increasing recognition of the use of digital documents and signatures in other contexts, as well as developments in technology.

Many people like the convenience of being able to sign a document electronically. There is however a strong feeling amongst practitioners that a fully digitalised process could have an adverse effect on our elderly and more vulnerable people. How would they go about creating a valid will if the process becomes more digitalised if they don’t have access to such processes or the knowledge or understanding to do so?

In addition, contrary to its intentions it could well lead to more concerns as regards the validity of a will after the testator’s death which in turn is likely to lead to more disputes. 

How are beneficiaries (or disappointed beneficiaries) able to know if the will has been validly executed?  What is there to say that someone did not exercise undue influence on the testator to create the digitalised will?

How would you know if the electronic signature is a genuine signature of the testator?  And what if the will cannot be accessed by the time of the testator’s death?  If we consider how technology has advanced over the years it would now be very difficult (if not impossible) to access a will which had been made probably just 20 years ago but was stored on a floppy disk?