Electronic wills: progress or peril?

• Explores the non-contentious and contentious perspectives on the concept of electronic wills.
• While technology offers individuals greater accessibility, convenience and freedoms, it also introduces significant risks of fraud, undue influence and costly litigation.
• As other jurisdictions begin to embrace electronic wills, the article considers whether we should follow, or whether doing so would create far greater legal issues than they would resolve.

In early 2024, it was reported that pop star Max George, of British boy band The Wanted, had written a will on his mobile phone while he was in hospital undergoing life-saving surgery. Without time to consult a solicitor or execute a traditional will, he documented his urgent testamentary wishes electronically, on his mobile phone. The story sparked public debate: is this the future of will-making and should the law recognise electronic wills in this jurisdiction, or are we just ‘chasing the sun’?

The case for electronic wills

Contracts are signed electronically, property transactions are conducted