Law Society warns of potential fraud with introduction of electronic wills

The Law Society has warned that a move to electronic wills could lead to an increase in fraud. It says more research is needed before they are introduced.

The concern was raised in the Society’s response to the Law Commission’s consultation on wills reform.

The commission is consulting on the issue of electronic wills due to increasing recognition of the use of digital documents and signatures in other contexts, as well as developments in technology.

The Law Society says it accepts that electronic wills are likely to become a reality.

In forming its response, it surveyed 895 solicitors who specialise in wills and probate.

Half (50%) of respondents were likely to support the use of technology in the will writing process. However, solicitors also expressed concern about electronic wills increasing the risk of fraud and undue influence.

A Law Society spokesperson said: “We support provisions to enable electronic wills to be made valid under the law.

“While we are not opposed to the use of technology to facilitate will-making, we recognise concerns around the risk of fraud and undue influence.

“It is important that the requirements for an electronic will provide the right level of protection.

“It is also essential to maintain a paper process for will-making. This will ensure that anyone who struggles to make a will electronically is not disadvantaged.

“We hope that if electronic wills are introduced, more people will be encouraged to write wills. However, it is vital that there is an opportunity for detailed examination of what is being proposed.”

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