You may have seen in the headlines this week, Government proposals to allow a voice message or text message to be taken into consideration as a valid Will.
Under S9 Wills Act 1837, the law currently states that for a will to be valid it must be in writing, signed by the testator (or somebody in his presence and under his direction) and witnessed by two independent witnesses.
New proposals suggest that our current laws are old fashioned and outdated and need to be overhauled in keeping with the digital age.
Under the plan, new powers would allow county and High Court judges to decide ‘on the balance of probabilities’ whether a voice recording, text message or a note can be seen as a valid indication of a person’s wishes upon their death.
Is this a revolutionary way to update our legal system and bring it in line with modern day, or are the courts just leaving themselves wide open to litigation?
Over the last few years, Ministry of Justice figures already show there has been a steep rise in the number of wills being contested in court and it is not clear whether the new Government proposals would bring contested will figures to an all-time high.
In my opinion, there are far too many unanswered questions in connection with a will via text message that cannot be answered once a person has died.
Who was the intended recipient of the text message?
What if the text message was just a joke?
What if a disgruntled family member sent the text message themselves?
Most importantly, how can you determine the mental capacity of a testator through a text or voice message?
According to a YouGov Survey, nearly two thirds of the British adult population do not have a will. Are the new Government proposals going to encourage more people to make a will and plan ahead for their death, or just put them off altogether?