Partner Sarah Arnold has responded to a reader’s question in the Financial Times ‘Your Questions’ column about whether, given the size of their estate and family living overseas, they should wait for the legalisation of electronic wills before putting a will in place. Sarah outlines the current legal position and cautions against delaying, highlighting the risks of intestacy and the potential for disputes where no clear executor is appointed.
It is not yet possible to make a will electronically and by “electronic will” we are really referring to the manner in which a will is signed and witnessed in order to be valid. I agree that the present method of signing in person in front of two ideally independent witnesses may seem cumbersome in an increasingly digital age. But a word of caution: will-making should be carefully considered —and that process should be well documented. I have concerns that speeding things up, while it may make wills more accessible, might also lead to less considered decision making.
The full article is available to read online from Financial Times online, by subscription only.
About Sarah
Sarah Arnold is a partner in the trust, will and estate disputes team, handling cases involving both onshore and offshore assets including family businesses, family farms, art and digital assets. She has extensive experience resolving disputes involving lifetime gifts, inheritance, validity and/or construction of testamentary and trust documents.
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