Text Message – Could it replace a paper Will? With the continuing advancement of technology, is it really possible that a text message could replace a standard paper Will? Laura Richardson looks to provide an answer in her latest article . . .
With the rapid advance of technologies over the last decade it is no surprise that the Law Commission is investigating ways to modernise the current legalities surrounding making a valid Will in the UK. A shocking 40% of people in the UK die without a valid Will in place and the Law Commission believes that one way to encourage more people to make a Will is to allow for less formal communications such as a text message, emails, or voicemails to be taken into account when someone dies. Under the proposals released earlier this year, any such communications could be submitted to be assessed by a judge who would decide “on the balance of probabilities” whether they are an accurate reflection of the deceased’s wishes.
This is not an original idea, as this process of accepting a text message already exists in many countries including Australia, Canada, and some USA states. Current UK laws regarding making a valid Will date back to 1839, and the Law Commission stated earlier this year that they believe these laws to be “outdated” and “unclear”. The Law Commission has admitted that although a change in the current laws may indeed encourage more people to make a Will in the future, that the changes could also prove to be a “double-edged sword” as it would open up a great deal of uncertainty surrounding the validity of current Wills.
Should a family member or loved one believe that they should be entitled to inherit, but not be recognised in a standard legally valid Will, they may well attempt to supersede the Will with ‘evidence’ that the deceased had different intentions in a text message. In this way, any changes to the current laws may pave the way for an increase in the number of challenges to Wills in the future. The real concern here is that the deceased may have made several conflicting statements or statements which they did not consider to be legally binding, and therefore should not be held as such after their death. Representatives of Age UK have also voiced the concern that the changes may be harmful to vulnerable people who may be more easily pressured into informally changing their Will.
The results of the public consultation are currently being drawn up. However, if you would like to discuss the implications of the proposed changes to the current laws regarding the validity of your Will, contact Andrew Douglas Wills and Legal Services today to arrange a free initial consultation to see how our services could benefit you and your loved ones.
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