The simplicity of the software has been one criticism levied by will-writers at free will writing services. They may enable you to specify what you are leaving and who will receive certain sections of the estate but will not allow users to consider more complex iterations of the estate.
Dennis Gardener, Chairman of The Institute of Professional Willwriters (IPW) and Institute of Scottish Professional Willwriters (ISPW), has commented: “Online wills are here to stay and it could be reasoned they are better than no will, they have to be simplistic and you have to have a very straightforward profile to allow you to write a will using such software.
“I would compare this offering as very simplistic and not allowing you to deal with simple things, for example, are you happy that a child inherits at 18? Most parents, when asked and it is explained, want 21 or 25. I could not see a way of being allowed to do this more complex command in the system.
“You order a pair of shoes or a suit online and hope it will fit you, if it doesn’t you can send it back, if you use an online “free” will-writing service, how do you know it will fit the purpose and comply with your wishes?”
According to Dennis Gardener, the simplicity of the will is only one potential concern. Another anxiety regards the ease of potential fraud that an anonymous system could encourage. He says “I could produce a fictitious will on a free will writing service and now what’s there to stop me from getting a vulnerable and trusting person to sign it in good faith in front of two witnesses. I have defrauded them out of their estate when they die? Warning lights are flashing, sirens are wailing?
“It’s a legal will (providing it has been signed correctly) so either family/loved ones have to accept they will receive nothing! Or fight a legal battle which they are likely to lose unless they can prove the person wasn’t in the right mind.”
Many will-writers acknowledge that online wills are the inevitable future in such a technologically driven world. However, more thought into safeguarding needs to be put in place before this system can be considered the standard norm for the sector.
Dennis Gardener, Chairman of The Institute of Professional Willwriters (IPW) and Institute of Scottish Professional Willwriters (ISPW), concludes: “Use a Member of the Institute of Professional Willwriters and yes there is a cost, often VAT free, but that qualified professional has normally sat down with you, taken full details, considered your wishes, proven your identity, reviewed your mental capacity and produced a will with an automatic Two Million Pound insurance back up.”
Although the industry should brace itself for the onslaught of technology, it should ensure that the use of technology like this is accompanied by robust and tested safeguards.
Are will-writers ready for a more technical system in the future? Will this online service encourage more adults to write a will? Do you see any other concerns originating from online wills?
