A BBC article reports that an unsent text has been accepted as a dead man’s Will by courts in Australia:

This is not binding on the UK courts but it is an interesting development.

Currently the UK law relating to the validity of Wills is based on legislation which is 180 years old this year (the Wills Act 1837) and amended by legislation which is 35 years old this year (the Administration of Justice Act 1982).

The first Text Message was sent 25 years ago (reading “Merry Christmas” by Neil Papworth) and there is currently a Law Commission consultation on Wills taking place “a welcome step towards modernisation”:

In the not too distant future it may be possible to make a Will by text, by video, on facebook or whatsapp but, for now at least, we are stuck with the old formalities of the Wills Act to ensure our wishes are carried out after our deaths.

If you require any advice about making a Will, please do not hesitate to contact our Private Client team either in Lancaster on 01524 846846 or in Kirkby Lonsdale on 015242 71388.

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