Article: Risks, Benefits, Opportunities and Electronic Formalities in the Law of Wills: A Comparative Approach
Margaret Isabel Hall (Simon Fraser University), Tina Cockburn (Queensland University of Technology – Faculty of Law), Bridget J. Crawford (Pace University – School of Law), Rosie Harding (University of Birmingham – Birmingham Law School) and Kelly Purser
(Queensland University of Technology – Faculty of Law) recently published, Risks, Benefits, Opportunities and Electronic Formalities in the Law of Wills: A Comparative Approach, 2025. Provided below is an Abstract:
Traditional wills formalities have become an outlier as the use of electronic text, records, signatures, and witnessing has become routine in many spheres, including for the creation and storage of valid legal agreements. The special nature of wills, and their consequent vulnerability to fraud and reliance on documentary evidence of intent, has been cited as a justification for retaining traditional formalities. This article examines the risks, benefits, and opportunities associated with electronic formalities through comparing the approach taken in four common law jurisdictions—England and Wales, British Columbia, Queensland, and New York.