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26 February 2020 / Roderick Ramage
Issue: 7876 / Categories: Features , Wills & Probate
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Signed, sealed & e-delivered?

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E-wills: Roderick Ramage asks whether we can have the future now
  • A speculative argument that the formal requirements of the Wills Act 1837 can be satisfied by an electronic will viewed on screen and executed electronically.

In the US the National Conference of Commissioners on Uniform State Laws provides legislation for states to adopt and, at its annual conference in July 2019, approved the Uniform Electronic Wills Act and recommended it for enactment in all states: www.uniformlaws.com and navigate from the Search Acts button.

This Uniform Act, when adopted, will enable testators to create, sign notarise, and execute a valid will online without the need for the physical presence of another person and enables probate courts to give electronic wills legal effect.

A number of articles and notes speculate whether we should adopt a similar law. The idea is not new. The Law Commission, 2017 consultation paper 231, ‘Making a will’, devoted chapter 6 to electronic wills. Contrary to what some English commentators have written, the Uniform

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MOVERS & SHAKERS

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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