The community of Essex has always been tight knit and caring and striving for inclusivity for all. Inclusivity is hugely important and law makers in the UK are beginning to recognise and that and soon the way you make a Will could be about to change.
The changes are coming to demonstrate the societal shift not just in Essex but across the UK as whole as well as the significant strides in technology.
With inclusivity and the modern shift at the forefront of thinking, The Law Commission have proposed significant changes to bring Testamentary Law into the present day called ‘The Wills Bill’.
This new Bill sets out significant reforms intended to modernise the laws governing Wills, bringing in updated language, clearer provisions, and adapting to current-day needs.
One of the major changes they are keen to introduce is the ability to complete a Will electronically meaning you can create your Will through a system that will authenticate it and ensure its integrity remains intact.
But what does this mean for you and how does it benefit you?
What role will electronic Wills play?
A key proposal is the introduction digital Wills, with provisions allowing witnesses to participate via video conferencing platforms.
The introduction of electronic Wills will make the entire process smoother and increases inclusivity given everyone would have the ability to create a Will digitally.
However, what is stressed is certain measures must be in place, so you need to make sure the system you choose can authenticate your Will while maintaining its integrity.
Should these changes be adopted, it would mark a significant step forward in simplifying the process of making a Will, while embracing modern tools.
Electronic Wills are inclusive because they would give every adult living in Essex the ability to create a Will in a much faster and smoother way. It ensures every person has the option and reflects modern society but it’s important to seek legal advice before making a Will.
Have the Law Commission proposed further inclusivity changes?
At present, individuals aged 18 or over are legally permitted to make a Will. However, under the proposed Wills Bill, this right would be extended to include 16- and 17-year-olds.
The aim is to allow young people aged 16 and over to create legally recognised Wills, on par with those made by adults. In such cases, the courts would approve and validate these Wills, granting them the same legal weight.
Additionally, the Law Commission has proposed that, in certain exceptional circumstances, such as where a child is terminally ill, those under the age of 16 may also be permitted to make a Will, but this would need a court’s approval.
The Bill is very much about inclusivity and this
What are the advantages of these potential new laws?
If introduced, the Law Commission believes these reforms offers you major advantages moving forwards.
One of the key benefits is increased flexibility, ease of access and improved inclusivity. Whether you’re in Colchester or Southend-on-Sea, every person will have the option to create an electronic Will, anytime, anywhere.
In addition to benefiting individuals, the reforms would also grant the courts broader powers, enabling them to deal with Will disputes more efficiently and cost-effectively.
By reducing the likelihood of legal challenges, these changes could also lower the overall financial burden on those creating or contesting a Will meaning less emotional stress for you.
Are you thinking about writing a Will?
While the exact timeline for the proposed changes is unclear, it’s good to prepare, particularly if you’re considering writing a Will or revising an existing one.
At Palmers, we want to embolden the community of Essex to care for each other by providing professional legal advice with heart.
We want to help you prepare for the future and a Will is an important part of the planning process. If you’d like advice about creating a Will or have a query about your Will, speak to our team today.
