By Debra Burton, partner in the inheritance disputes team at Lime Solicitors
The will-making process has seen a significant transformation in recent years, driven by technological advancements and a growing demand for accessible, user-friendly services.
The Covid-19 pandemic was a catalyst for this, as restrictions on the estate planning sector led to the increased use of online estate planning platforms. As a specialist in inheritance disputes, I have seen first-hand both the exciting innovations that have emerged in recent years, as well as the challenges that accompany them.
Research carried out by Lime Solicitors earlier this year found that the majority of people (57%) would now prefer to do an online will than go and see a solicitor.
The Law Commission has been looking at the modernisation of wills and its recommendations are expected to be released early next year. One of the areas it was looking at was electronic wills and it is widely anticipated that the current laws will be amended to allow for them in some form, with possibly changes to the law to allow for digital signatures. #
With this in mind, it is essential for legal professionals to adapt to these changes and be prepared to offer hybrid services that blend digital convenience with traditional integral expertise.
The rise of digital will-making tools
One of the most significant changes in the will-making process to date has been the rise of online estate planning tools. Traditionally, will-making has been seen as complex, paperwork-heavy and time-consuming but now we are seeing increased digitisation.
Online estate planning platforms allow individuals to create wills from the comfort of their homes, often in a matter of minutes. By providing user-friendly templates, these tools have simplified what was once seen as a daunting process. This digital approach has been particularly appealing to younger generations, who are generally more tech-savvy and comfortable handling important tasks online.
The affordability of online will-making services has also contributed to the opening up of estate planning to a wider audience. With online platforms offering cost-effective solutions, individuals from a wide range of socio-economic backgrounds now have the opportunity to safeguard their legacy and ensure their wishes are documented.
However, critics argue that, even if the rules are amended to allow for electronic signatures, digital wills may lack the necessary checks and balances that ensure a will is valid when compared to ‘traditional’ will-making, especially when disputes arise.
With reports that the number of will disputes in England and Wales could rise to 100,000 this year, this caution is warranted.
This means it is important for legal professionals to review digital wills and ensure they are drafted with the same level of precision and care as their traditional counterparts. Digital wills are also potentially open to more fraud and abuse if safeguards are not put in place – who is really giving the will instructions and signing the document?
Firms need to have clear evidence of the due diligence carried out before taking online instructions and that they ‘know their client’. The will drafter also should satisfy themselves that the person making the will is of sound mind and has capacity, that they know and approve its contents, and that they are making the will free from undue influence from any third party.
In the event of a challenge to the will’s validity, the court place a great deal of weight on the evidence of the will writer and their file, and they could be called to court to be cross examined. If any of the will-making process is being automated online, particularly around checking for capacity and ensuring that the will truly does reflect a person’s wishes, then this could leave it vulnerable to challenge.
For legal professionals and estate planners, offering hybrid services could therefore be the answer, providing the best of both worlds and attracting a broader client base.
The hybrid approach allows clients to generate essential estate planning documents themselves, with the online system formatting the documents automatically to ensure that all legal requirements are met. But then clients are connected with a legal professional who will review their documents to make sure the will reflects their wishes, is suitable for their needs (e.g. takes into account possible tax planning), and that the person has capacity to make the will, before the documents are finalised.
This is essential as experts can provide custom advice if the client has more complex needs. It allows individuals to benefit from the convenience of online tools while ensuring that their will is both legally complete and tailored to their specific circumstances.
Secure cloud-based storage and cybersecurity concerns
The will-making process has also been revolutionised by advancements in secure cloud-based storage for legal documents. This offers a safe and convenient way for individuals to store their wills, ensuring that they are easily accessible when needed.
By storing wills in the cloud, individuals can ensure that their documents are safe from physical damage, loss or theft, while also providing their executors with easy access to the necessary paperwork.
However, there are also cybersecurity concerns about storing sensitive personal data on cloud-based platforms. Outdated or poorly maintained software can make platforms susceptible to malware and ransomware attacks. Additionally, weak passwords or inadequate authentication can create openings for unauthorised individuals to gain access to sensitive information.
A security breach could lead to identity theft, fraud or unauthorised changes to a will. This is something which has been flagged to the Law Commission as a real concern if electronic signatures are to be allowed and become the norm.
It is therefore essential that clients feel confident that their personal information is safe when using digital services. Legal professionals must take steps to ensure these online platforms are secure from data breaches and communicate this to their clients and potential clients to build confidence.
By prioritising cybersecurity and implementing strict protocols for data protection, law firms can create trust with their clients, ensuring that the benefits of digital will-writing outweigh the risks.
The future of will-making
The modernisation of the will-making process presents both opportunities and challenges for the legal sector. By embracing digital innovations, law firms can make estate planning more accessible to a wider range of clients, particularly younger generations.
It is, however, essential to address concerns around the legal validity of digital wills, ensuring that the will-making process is free from fraud and abuse, and the security of cloud-based storage platforms.
Through a hybrid approach, legal professionals can ensure that will-writing remains both convenient and reliable in the digital age.
