Question to the Ministry of Justice:

To ask the Secretary of State for Justice, whether it is his policy to support the proposals made by the Law Commission to allow a will or other testamentary disposition to be created by text message or by another similarly informal route; and what assessment he has made of the potential of such a course of action to lead to increased fraud and litigation.

The Law Commission has not made proposals to allow wills and other testamentary dispositions to be created by text message or similar informal routes. The Law Commission is, however, currently considering the law of Wills, including how the law can provide for the making of electronic wills, whilst ensuring testators are protected against risks of fraud and exploitation. As part of this project, the Commission published a consultation paper Making a Will (Consultation Paper 231) on 13 July inviting views on a wide range of issues relating to the law of wills. The paper is available at https://www.lawcom.gov.uk/project/wills/. The consultation period closes on 10 November.

The Government will carefully consider any recommendations made by the Commission, but, at present, has no plans to change the legal requirements for creating a valid will or other testamentary disposition. No assessment of the potential for fraud and litigation arising from a relaxation of those requirements has, therefore, been made.