Peers have admonished the Ministry of Justice for ‘inaction’ on making electronic wills valid - 18 months after reform was recommended by the Law Commission to make the law governing wills fit for purpose.
Lord Foster of Bath, chair of the House of Lords justice and home affairs committee, wrote to courts minister Sarah Sackman last week demanding to know why the government is taking so long to respond to the commission’s Modernising wills paper, which was published in May 2025.
With the law governing wills dating back to the Victorian era and no comprehensive review for nearly 200 years, the commission made 31 recommendations to clarify the law - and make the law fit for purpose in the modern age. These included making electronic wills valid, empowering courts to infer undue influence and abolishing the rule that marriage revokes a will.
Lord Foster of Bath, chair of the committee, said: ‘Electronic documents and signatures can be used to sign statements for use in criminal proceedings. They can be used to open bank accounts, buy property, obtain mortgages, and purchase vehicles. Yet while they can be used to amass an estate, they cannot be used to bequeath one. The committee is not immune to the concerns some have around the unique nature of wills, in particular fears of fraud and forgery. However, these problems are not insurmountable if electronic wills feature robust safeguards using reliable systems.’
Foster reminded Sackman that under the Law Commission Act 2009, governments must respond to Law Commission reports within a year.
Sackman was told to respond to the committee’s letter within two weeks, outlining what steps have been taken to make digital wills valid and a publication date for the government’s full response to the commission’s report.
No comments yet