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08 August 2019 / Simon Hetherington
Issue: 7852 / Categories: Features , Profession , Wills & Probate , Technology , Legal services
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Online wills: even more dangerous than you think?

Simon Hetherington argues the greatest risk from DIY wills is in the profession’s response to them

  • Solicitors will not only harm their own interests but also the interests of the consumers if they fail to recognise that the wills and probate game has changed.

Earlier in the summer a piece appeared in this journal about the dangers of DIY wills (see ‘Reasons not to do-it-yourself’, NLJ 28 June 2019, p21). There was not much doubt that the primary target of the piece was wills that are drafted online and downloaded for execution, known as ‘online wills’. However, if solicitors believe that consumers can be deterred from going online to make their will by dire warnings of future problems stored up in a badly drafted or inadequate will, then perhaps they don’t fully appreciate the strength of demand for online or the sophistication of the supply.

In a test campaign by Macmillan Cancer Support, supporters were offered a free online will or a free

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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