Law Commission recommends changes to requirements for creating a will.
The Law Commission, which is the United Kingdom's official government legal advisors, are now suggesting changes to the traditional procedures for creating a will, according to The Telegraph in "Could a text become your will? The plans to revolutionise 'outdated' legacy system."
In the U.S., laws about what constitutes a valid legal will generally follow the old English law that a valid will must be signed by the testator in front of two witnesses, who must also sign the document.
If this procedure is not followed precisely, then a document is not a valid will that can be considered by a court.
If the changes become effective, judges in the U.K. could look at other evidence to determine what a deceased person intended to do with his or her estate. For example, if the deceased left behind a voice mail or text message concerning the estate, then the judge could take that into consideration and use it in making a judgment.
The purpose of the old rules was mainly fraud prevention.
Judges who did not know the deceased, could rely on the testimony of witnesses to establish whether the will was legitimate.
Digital technology may be on the way to replacing the traditional methods of guaranteeing that a will is valid.
For more information on Estate Law, Wills; please visit our website