header-logo header-logo

26 February 2020 / Roderick Ramage
Issue: 7876 / Categories: Features , Wills & Probate
printer mail-detail

Signed, sealed & e-delivered?

16663
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll