- A speculative argument that the formal requirements of the Wills Act 1837 can be satisfied by an electronic will viewed on screen and executed electronically.
In the US the National Conference of Commissioners on Uniform State Laws provides legislation for states to adopt and, at its annual conference in July 2019, approved the Uniform Electronic Wills Act and recommended it for enactment in all states: www.uniformlaws.com and navigate from the Search Acts button.
This Uniform Act, when adopted, will enable testators to create, sign notarise, and execute a valid will online without the need for the physical presence of another person and enables probate courts to give electronic wills legal effect.
A number of articles and notes speculate whether we should adopt a similar law. The idea is not new. The Law Commission, 2017 consultation paper 231, ‘Making a will’, devoted chapter 6 to electronic wills. Contrary to what some English commentators have written, the Uniform Act is not yet law in any state, but several states have
