Is the Text Message Will on the Way?

People could be allowed to write their wills via text message and voicemail, as part of a major overhaul of inheritance laws.

The Law Commission has branded the legal system 'outdated' and has proposed the changes to keep up with the digital age.

Currently laws which date back to 1839 state that wills must be written and signed by the testator, as well as by two witnesses. The commission is calling for the law to be relaxed to allow notes, emails and voicemail messages to be used in place of a written will.

Under the plan, new powers would enable county and High Court judges to decide on 'the balance of probabilities' whether a note or recording is an accurate summary of a person's wishes.

Law Commissioner Professor Nick Hopkins said:

"Making a will and passing on your possessions after you've died should be straightforward. But the law is unclear, outdated and could even be putting people off altogether.

"Even when it's obvious what someone wanted, if they haven't followed the strict rules, courts can't act on it. And conditions which affect decision-making – like dementia – aren't properly accounted for in the law.

"That's not right and we want an overhaul to bring the law into the modern world."

If you are ready to write or update your will, our Altrincham team are ready to guide you through the process. Call us today on 0161 928 5558.

Collings Solicitors

Wills and Inheritance Planning