Unforeseen Complications Arising from Improperly Signed Wills: A Closer Look

The Law Commission in England and Wales has launched a consultation to reform the laws surrounding wills, which date back to 1837. The current laws are unnecessarily complex and can lead to unforeseen consequences if not followed correctly. One area of concern is the signing of wills, which can lead to complications if not done properly.

During the pandemic, temporary changes were made to allow for the witnessing of wills via video conferencing. However, the electronic signing of wills was not included in these changes. The Law Commission is now reviewing this and other aspects of the current laws, such as the automatic revocation of a will on marriage.

Issues with the signing of wills can arise when the process is not carried out in accordance with the strict legal requirements. This can lead to challenges to the validity of the will, resulting in costly legal proceedings. In some cases, disgruntled relatives may challenge a will if they feel they have been unfairly left out.

Recent court cases have highlighted the importance of following the correct procedures when signing a will. The courts have had to assess whether wills were validly signed based on the evidence provided by witnesses. In some cases, even a simple hand gesture was deemed sufficient to acknowledge a signature.

It is crucial to ensure that wills are signed correctly to avoid potential challenges in the future. Seeking legal advice and guidance can help navigate the complex laws surrounding wills and prevent costly disputes. The current consultation process aims to provide clarity on these issues and may consider allowing for electronic signing of wills to streamline the process and avoid future complications.