The Law Commission’s Consultation on Electronic Wills and Marriage Revocation Rules: Responses and Recommendations
The Law Commission’s Consultation on Electronic Wills and Marriage Revocation Sparks Debate
In a move to modernize and adapt to the digital age, the Law Commission launched a Supplementary Consultation Paper on 5th October 2023, focusing on possible reforms to enable electronic wills and to the rule that a marriage or civil partnership revokes a will. The consultation period ran until 8th December 2023, sparking a heated debate among legal professionals and industry experts.
The Society of Will Writers (SWW) responded to the Law Commission’s consultation on electronic wills, acknowledging the benefits of technology in the will-writing process. While they recognize the potential advantages of electronic wills, such as serving clients remotely and modernizing the process, they also raise concerns about security and the risk of fraud. The SWW emphasizes the need for careful consideration of formal requirements and validity checks to ensure the protection of vulnerable individuals.
Similarly, STEP, a professional body for trust and estate practitioners, highlighted the need for safeguards against fraud and abuse if electronic wills are introduced. They suggested that provisions for electronic wills should be clearly set out in separate legislation to avoid confusion and ensure the integrity of the process.
Sarah Williams, Vice Chair of the Institute of Professional Willwriters (IPW), expressed concerns about the potential downplaying of the importance of will creation if done electronically. She emphasized the need for rigorous safeguards against fraud and abuse to protect vulnerable individuals.
Trevor Worth, Founder and CEO of Portcullis Legals, echoed concerns about the threat of fraud and coercion in the rush towards digitization. He urged fellow practitioners to prioritize the protection of clients’ genuine wishes and ensure robust measures are in place to prevent abuse.
On the issue of predatory marriage, both the IPW and STEP called for greater awareness and capacity assessments for elderly or vulnerable individuals intending to marry. They emphasized the importance of understanding the impact of marriage on existing wills to prevent inheritance disputes and protect vulnerable individuals.
While the IPW believes the current rules surrounding marriage and will revocation should remain unchanged, STEP supports retaining the rule that marriage automatically revokes a will but stresses the need for public awareness to prevent disputes.
The consultation on electronic wills and marriage revocation has sparked a crucial conversation within the legal community, highlighting the need for careful consideration of the implications of these potential reforms. As technology continues to advance, it is essential to prioritize the protection of vulnerable individuals and ensure the integrity of the will-making process.