BREXIT CAMPAIGNER and businesswoman Gina Miller is urging the government to change the often complex legal arrangements around making a will.

Miller says that the COVID-19 pandemic has heightened the debate concerning the draconian nature of will legislation that leads to unnecessary pain and hardship for the families of those who die without a will.  

Recent months have seen a surge in people wanting to make a will, with many law firms reporting an initial 70 – 100% rise in enquires.

Outdated

However the Wills Act of 1837 has created a UK system that reform campaigners like Miller say is outdated, requiring a wet signature (when a person physically marks a document) and two witnesses to be present in person.  

“The Government cannot ignore the growing number of people our research has found in favour of recording their last will and testament on video, and using technology to improve access and simplicity.”

 
Gina Miller, founder, messagesoflove.co.uk

She says that these strict requirements of an Act that is almost 200 years old have proven hugely challenging during lockdown and social distancing, leading to unnecessary anxiety and stress as people worry that their wishes would not being followed, loved ones would not be provided for, and the prospect of grieving families having to deal with affairs not left in order.  

Research commissioned by Miller’s new online platform, messagesoflove.co.uk, which provides members of the public with simple, safe and secure ways of leaving private messages for loved ones during pandemic, found that three in five (58%) UK adults do not have a will.

Change in circumstances

Of those who have wills, over half (55%) aged 18 – 34 say they have experienced a change in family circumstances (e.g. marriage, divorce, birth of a child/children) since making a will; with 22% of all adults who have a Will saying their circumstances have changed.

Furthermore around half of UK adults support temporarily allowing digital signatures or audio-visual witnessing when completing a will during the Covid-19 pandemic.

Miller said: “Laws must reflect changes in society and be updated for the internet age we live in. The Government has brought in temporary emergency legislation in other areas such as mental health during the pandemic, and we believe the peace of mind, emotional and financial security that can be gained by updating will legislation far outweighs any other concerns.  

“This is not about money but people having the peace of mind that their wishes will be followed.”

Shameful

Miller continued: “It is shameful that this is not being urgently addressed by the Government when you consider that in cases where there is no will containing guardianship arrangements, it can lead to children not just losing their parent/s but losing their home and family if so, determined by the Court.  Will legislation should be updated and made simpler to reflect modern society, thinking and living.

“Even without the pandemic, there was growing concern about the archaic nature of paper wills.  The Government cannot ignore the growing number of people our research has found in favour of recording their last will and testament on video, and using technology to improve access and simplicity.”