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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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