A court in Australia rules a draft text message can be accepted as an official will.
This is a topical issue in England and Wales. The Law Commission is currently considering whether the law relating to Wills should be updated, particularly as regards the capacity to make a Will; and the formalities of doing so.
Much of the present law is based on the Wills Act 1837. This sets out details of how a Will should be signed and witnessed.
Once a judge has decided that a Will is valid, he or she may already take account of other evidence to help interpret what the Will was intended to mean. However, one question being considered is whether more use could be made of digital technology in the creation of the Will.
A more flexible approach to the creation of Wills is possible but of course it is important that there are safeguards to prevent fraud and to ensure that a Will is genuinely what the individual wants; that he or she understands it; and that he or she has not been put under pressure to make the Will.
A public consultation by the Law Commission is currently underway and is open until 10th November 2017.
If you have any questions about this article then please don’t hesitate to call Janet Strong on 01793 532363.