Digital wills could help tackle predatory marriage
New reforms to Victorian will writing laws will not only bring the system up-to-date, it close the loop hole that sees elderly people targeted by predatory spouses hoping to profit from their deaths, says Scott Taylor
After almost two centuries of outdated Victorian formalities, the Law Commission has recommended a long overdue overhaul of the law of wills and the introduction of a modern Wills Act. The report, published on Friday, makes recommendations to Parliament on how to bring the law into a modern light, to reflect today’s social norms and the growing role of digital technology.
Despite negotiating multi-million pound deals every day, city professionals often forget the most important document of all: their own will. Figures show that fewer than half of UK adults currently have a valid will, meaning countless families find themselves in legal limbo, with lawyers handling around 10,000 inheritance disputes every year.
This reform is more than updating old laws, it seeks to make will-making straightforward, accessible, and fully digital to encourage more people to plan ahead and secure their wishes.
Marriage and your will
Under the current law, getting married automatically voids any existing will. Unfortunately, few people are aware of this rule, and even fewer understand its consequences. This has led to a disturbing rise of predatory marriages – where individuals target and marry vulnerable, often elderly people, for financial gain and automatic rights to their estate.
I’ve seen this in practice, with a steady increase in private wealth disputes involving claims of undue influence, revoked wills and disinherited families. These cases arise at the most devastating time when loved ones are already dealing with grief and loss. Disputes can lead to confusion, mistrust and irreparable damage in their wake.
These cases highlight the absolute necessity for a change. The current legal framework is inadequate to protect families and offers little clarity for those who need it most.
Embracing the digital era
The recommendations also include a bold but necessary move into the digital era which could pave the way for electronic wills provided they use reliable systems to ensure security and integrity.
This recommendation could be a gamechanger to unlock access to legal services for busy professionals, those living overseas, or anyone with mobility issues. This also means faster turnaround times, and streamlined estate planning as wealth managers and legal teams can integrate will-making into an individual’s schedule.
If enacted, these recommendations should give families greater confidence that their loved ones’ wishes will be respected regardless of where or how a will is made.
After nearly eight years of consultation, lawyers will be watching closely to ensure that the coming interim response, due within the next six months, and the full response, due within the year, reflects the nuanced understanding of practitioners who deal with these issues daily. Ultimately, it will be for parliament to scrutinise and debate, but there is no question that the current law is outdated, and this is a vital opportunity to create a more accessible, equitable, and protective system for will-making in the UK.
Scott Taylor is partner in private wealth disputes at Moore Barlow