Moves towards electronic wills and dealing with ‘predatory marriages’

The Law Commission is seeking views on the possible introduction of electronic wills, which it says are now becoming feasible due to technological advances.

It also wants to explore ways to deal with predatory marriages that exploit vulnerable people.

During the Covid pandemic, several countries, including the UK, allowed paper wills to be witnessed virtually. Since then, some countries have introduced permanent reforms to enable electronic wills.

The Commission is testing public opinion on whether a new Wills Act should permit electronic wills, either immediately or by allowing for them to be introduced later. Any provision for electronic wills would need to ensure that they are as secure as paper wills.

An electronic will can be created digitally, using electronic signatures, and can be stored, with no paper version needed.

The Commission is also investigating concerns that the rise of predatory marriages is casting doubt on whether a marriage or civil partnership should continue to revoke a person’s pre-existing will.

The consultation seeks to determine how often this form of financial abuse takes place and considers whether wills should continue to be automatically revoked by marriage or civil partnership.

Predatory marriage is where a person marries someone, often who is elderly or who lacks mental capacity, as a form of financial abuse. This type of abuse is relevant to wills because marriage or civil partnership revokes a person’s will, which means that their spouse or civil partner may inherit most if not all their estate in the absence of a new will.

The Commission wants to modernise the law on wills, which is primarily a product of the Victorian era – governed by the Wills Act 1837 and case law.

The Law Commission’s project aims to provide a comprehensive review ensuring that the legislative framework governing wills reflects contemporary needs and continues to protect the most vulnerable.

Professor Nicholas Hopkins, Commissioner for Property, Family and Trust Law, said: “Our review of wills aims to ensure that the law is modern and as straightforward as possible, protecting the most vulnerable and giving greater effect to everyone’s last wishes.

“In light of recent technological and societal developments, we are seeking views on electronic wills and the effects of predatory marriage on wills. We welcome a wide range of responses to our consultation paper.”

View the project page to read and respond to the consultation paper.

Please contact us if you would like more information about the issues raised in this article or any aspect of wills and probate.