Technology is having an impact in Will writing. The process of Will writing itself – which is still largely regulated by the not-so-recent Wills Act 1837 – has been updated so that a Will can be witnessed remotely over a video link. This option came into force during the Covid era and has now been extended until January 2024. Video witnessing is far riskier than the traditional witnessing in person, and should only be used as a very last resort where that is not possible. I myself have not used video witnessing at all with clients, because to date it has always been possible to find a way around witnessing difficulties, and I have concerns that video witnessing would make the Will much more vulnerable to challenge by a disappointed potential beneficiary.
Other, related areas are also experiencing technological advancement. The Office of the Public Guardian is in the process of modernising its procedures for making Lasting Powers of Attorney, so that they can be made largely online. Many of the more straightforward probate applications can also now be made online.
Speaking of technology and Wills, in the last month or so I have seen two clients about their Wills who had recently had a previously unknown heart condition diagnosed by their Apple watches. These high-tech watches monitor the wearer’s heartbeat, blood oxygen, respiratory rate and temperature. Both clients felt fine, and both ended up in hospital on the say-so of this device (presumably having first spent some time roundly cursing Apple and wondering what on earth was causing the error messages on their new gadget). On both occasions, the watch had correctly diagnosed an underlying health problem, which seems remarkable. An interesting and hopefully positive side-effect of the trend for wearable tech.
I also see clients from time to time who have discovered an unknown sibling or other close relative via an Ancestry DNA search. This raises all sorts of questions and concerns when it comes to Wills and inheritance, and can be very unsettling for those involved.
Even the arcane world of Will writing is not immune to the steady march of progress and the advance of technology, which creates interesting new challenges!
Chiltern Wills is a Will writing business based in Beaconsfield and run by former London solicitor Rebecca D’Arcy. Call us on 01494 708688 or email info@chilternwills.com to discuss how we can help with your Will, Lasting Powers of Attorney or Probate.
