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25 September 2018 / Daniel Watson
Issue: 7810 / Categories: Features , Profession , Wills & Probate , Technology
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E-signatures: a sign of the times?

Could e-signing be used for wills or lasting powers of attorney? Daniel Watson considers the risks

  • Looks at the use of e-signatures in the context of commercial transactions and their potential use in wills and LPAs.

The Law Commission’s recent consultation paper on the validity of e-signatures provisionally concludes that a typed name, or clicking an ‘I accept’ button, is capable of satisfying a statutory requirement for a document to be signed or executed under hand in the context of many legal documents (see the commission’s consultation on ‘The electronic execution of documents’). This is so provided that there is an authenticating intention on the part of the signatory. The paper’s conclusion is based on a combination of case law, statute, and the eIDAS Regulation (eIDAS), which has had direct effect since 1 July 2016.

Giving equal force to e-signatures is sensible from a business perspective, allowing contracts to be signed and circulated quickly. However, the use of electronic signatures is not always secure and it is not always

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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