Mary Elliott and Louise Garrett discuss electronic Wills and how to safeguard vulnerable individuals

Mary and Louise’s article was published in STEP Journal, Issue 6 (page 20), and can be found here.

Mary Elliott, Partner and Louise Garrett, Associate in our Private Client department, examine the growing relevance of electronic wills and the need to protect vulnerable individuals in the estate planning process.

Writing in the STEP Journal, they reflect on the Law Commission’s 2023 Supplementary Consultation, which revisits the Wills Act 1837 in light of digital advancements. The consultation considers whether electronic wills either digitally signed or fully digital in format should be legally recognised, and whether marriage or civil partnership should continue to revoke an existing will, particularly in cases where vulnerable individuals may be at risk of exploitation.

They explain that while electronic wills offer convenience and accessibility, they also raise concerns around fraud, coercion, and safeguarding. The Law Commission proposes that any move towards digital wills must be accompanied by robust legal safeguards, such as mandatory registration or enhanced verification processes. These measures aim to ensure that vulnerable individuals, including the elderly or those with cognitive impairments, are not taken advantage of in the process of making or amending a will.

Mary and Louise stress the importance of reforming outdated legal assumptions such as the automatic revocation of a will upon marriage which can leave individuals exposed to financial abuse, particularly in cases of predatory marriage. They advocate for a modernised, inclusive legal framework that balances technological innovation with the protection of those most at risk, ensuring that all individuals can make valid and secure testamentary decisions.

Read the full article on the STEP Journal website [external link].