The UK Ministry of Justice (MoJ) has proposed reforms that would see original paper wills dating back to 1858 converted into digital form, with the original then destroyed. The only wills that would be kept in paper form, if this reform goes ahead, would be those of famous people. Historians and others have criticised the plans, claiming that the government is destroying history in the name of bureaucratic efficiency.

Digitisation

STEP’s main concern is the quality of the scanning process and the possibility of human error resulting in incomplete or low-quality scans of original documents. Given that scanned pages have been missing from probate applications recently, STEP has asked the MoJ to advise how these risks may be mitigated in the digitisation process.

STEP does not think it is possible to compare paper and digital wills, as they require different methods of maintenance, storage and cost. Digital wills are more expensive to store because they need technology like databases, scanning and back-up facilities that paper wills do not.

Given that the British Library recently suffered a cyber-attack in which millions of documents were lost, STEP has stressed the importance of a back-up facility to protect against any malicious attacks and loss of documents. STEP would also encourage the MoJ to conduct a thorough cost-benefit analysis as previous digitisation initiatives, such as HMRC’s Making Tax Digital Initiative, have drawn criticism for their poor and costly implementation.

Concept of fame

The concept of what constitutes a famous person is subjective and ambiguous. The MoJ will need to clarify how this will be decided. People can often become famous after their death when the impact of their work becomes better known.

For example, the work of Jane Austen did not become famous until after her death. Should a similar case occur after the proposed 25-year range for holding an original will document, would the will of this famous person no longer be available due to its destruction? STEP seeks clarification on this.

Additionally, as we uncover the lives and achievements of previously under-celebrated individuals through initiatives such as Black History Month, this further highlights issues and demonstrates the need for equalities legislation to be taken into account when formulating the criteria for famous people.

Potential exclusion

As with all changes that involve increased use of technology, there is a risk of digital exclusion for older generations who are not technology savvy or choose not to use it. The result would be that some older people who might need to access a digital will, e.g. for a probate application, might find it harder to do so.

The legislation

STEP supports the formulation of new primary legislation that encompasses all aspects regarding the electronic storage of wills, rather than amending the Electronic Communications Act 2000.

STEP will continue to follow developments in this area and will keep members apprised accordingly.

Matt Stephenson, Government Affairs Executive, STEP