Digital Will : Valid or Invalid?
As the nation gears up for Lockdown 2.0 justice remains a distant dream as the Indian judiciary remains dysfunctional, at large. Further, digitization in India has evolved from the computerization of government offices to fragmented initiatives aimed at speeding up technological implementation across courts, albeit at a sluggish pace. Thus, people seeking legal advice on succession planning face a twin problem of – closed law offices and dysfunctional courthouses. Fortunately or not, India has witnessed a recent development in the concept of “electronic wills” also known e-will, or digital wills. As the term suggests, a will is a declaration of intent by a person competent to transfer his wealth to others, but in an electronic form. Simply put, electronic wills are those wills that have been written, signed, and/or attested by way of an electronic medium. In India, several platforms like Willstar, MakeMyWill.in, Lawfarm, EzeeWill, etc. offer will-drafting and advisory services at reasonable rates In fact, the Indian Information Technology Act, 2000, which allows electronic contracts, has specifically excluded wills and other testamentary dispositions from the applicability of its provisions. Specifically, preparation of Wills through electronic modes like emails or documents with digital signatures is not permitted. Law Commission Recommendation: Realizing this, the Law Commission of India in its 110th Report recommended relaxation of rules for execution of a Will by persons affected by calamities has a reasonable apprehension of immediate death. However, this recommendation has not been given effect, and currently the law does not provide for easing of legal formalities amid an outbreak such as COVID-19! Unsurprisingly, many people are anticipating their own death during the COVID-19 pandemic and in a jiffy to make a legally enforceable will. However, the prevailing legislation is unsuitable for making wills in a time of quarantine and social distancing, with the non-recognition of digital wills coupled with a requirement to be physically present at the time of exeecution. #studylectures #law #study_lectures_by_dev_dubey #lawnotes Follow us for more.
