Write your will by email or text

You may soon be able to write your will in an email or text message as part of a radical overhaul of “outdated” inheritance laws.

The Law Commission said that the current law, which dates back to 1839, needs to be updated for the digital age. Currently wills need to be written and signed by the testator, plus two witnesses.

It added that you may even be allowed to make your will by leaving a voicemail message.

At the moment 40 per cent of people die without making a will. The Law Commission blamed this partly on the rules being “out of step with the modern world”.

The Commission’s report on updating the law states: “A person who is seriously ill in hospital may have more immediate access to a tablet or smartphone than to a pen and paper, and may be more able to speak than to write”.

It also acknowledged that law changes could lead to family disputes because “dissatisfied relatives may be tempted to sift through texts, emails and other records in order to find one that could be put forward as a will”.

However, the Commission concluded that on balance people should be able to make wills using “electronic documents and audio and audio-visual recordings”. This is already allowed in Australia, Canada, South Africa, and several US states.

Under the proposals, county and high court judges would decide whether a text, email or recording was an accurate summary of a person’s wishes.

Some experts warned that vulnerable people could be tricked or bullied into changing their will. Caroline Abraham, charity director of Age UK, said that the law must “ensure that older people are able to make their own decisions wherever possible, free from pressure and coercion”.

The Law Commission will discuss the proposals with interested parties until 10 November.