Keywords: destroying paper wills, original wills, digital copies, digitisation, handwriting expert, storage costs, government proposals
Introduction
In recent news, there has been a controversial proposal to destroy original paper wills after 25 years. This idea has sparked concerns not only among historians and genealogists but also within the legal community. As a former barrister and part-time judge who has dealt with numerous will-related cases, I strongly believe that this proposal is misconceived and has far-reaching consequences. In this article, we will delve into the reasons why lawyers, in addition to historians and genealogists, should oppose this ill-advised plan. We will explore the potential drawbacks of relying solely on digital copies, the importance of preserving original documents for future litigation, and the questionable savings claimed by the government.
The Value of Original Documents in Litigation
It is not uncommon for wills to be challenged in litigation long after probate has been granted, sometimes even more than 25 years later. In such cases, the court often directs the original document to be deposited for inspection. However, if the proposed destruction of wills becomes a reality, this crucial step would be impossible. The central argument behind this proposal is that digital copies would be as satisfactory as the original documents. But is this truly the case?
Debating the Quality of Digital Copies
The consultation paper claims that modern technology can produce digital copies of satisfactory quality. However, based on my experience with digitized versions of old handwritten documents, this assertion is, at the very least, debatable. Handwritten wills, which make up a significant portion of the documents in question, pose a particular challenge. Any questions regarding the authorship of handwriting on a will would require examination by a handwriting expert. It is widely acknowledged that any form of copy is a poor substitute for the original document in such cases.
The Vulnerability of Digital Copies to Mistakes
Another issue to consider is the potential for mistakes during the digitization process. Digitizing a large number of copy documents for use in court is not without its pitfalls. Mistakes are inevitable, and the consequences can be significant. The Land Registry’s digital conversion project serves as a cautionary tale. Scanning multiple documents turned out to be a monotonous task, often performed by underpaid staff who lacked motivation. Consequently, essential details, such as plans, were omitted or scanned improperly. Boundaries, routes of rights of way, and other vital information were rendered meaningless due to the lack of attention to detail.
The Cost of Digitization and Misleading Savings Claims
Proponents of destroying paper wills argue that it would result in substantial savings. However, the claimed saving of £4.5 million appears to be a drop in the ocean of public spending. Furthermore, the consultation paper fails to provide a clear calculation of this figure. It does not specify the cost of digitizing 100 million wills, which would undoubtedly be substantial. Has this expense been taken into account when calculating the savings in storage costs? Without transparent accounting, the claimed savings are thoroughly misleading.
The Lessons from History
As we consider the proposal to destroy original wills, it is essential to reflect on the lessons of the past. Last year marked the 60th anniversary of EP Thompson’s influential book, “Making of the English Working Class.” Thompson’s research relied heavily on local archives in West Yorkshire. His aim was to rescue the stories of ordinary people from being forgotten. Unfortunately, under the government’s current approach, many of these paper records, which may seem obscure to those in power, would likely be discarded or digitized sparingly.
The Enormous Condescension of Posterity
Thompson sought to challenge what he referred to as the “enormous condescension of posterity.” This phrase encapsulates the tendency to dismiss or belittle the lives and experiences of individuals who may not fit the narrative of the powerful. Preserving original paper records, including wills, allows future generations to piece together the stories of those who may have been overlooked or marginalized.
The Importance of Preserving Obscure Figures
Government proposals to dispose of original paper records risk erasing the historical and cultural tapestry that makes up our society. Many seemingly obscure figures have played significant roles in shaping our communities and our collective identity. By preserving these records, we ensure that future historians and genealogists have the resources they need to explore and understand our shared past.
The Unintended Consequences
The destruction of original wills after 25 years may seem like a simple administrative move, but the consequences could be far-reaching. The potential loss of vital information, the reliance on potentially flawed digital copies, and the erasure of historical narratives are just some of the unintended outcomes that could arise from this proposal. It is crucial to consider the potential drawbacks and explore alternative solutions that balance the need for efficiency with the preservation of historical records.
Conclusion
The proposed destruction of paper wills after 25 years is a deeply flawed idea that warrants opposition from historians, genealogists, and lawyers alike. The reliance on digital copies raises concerns about the quality and accuracy of these documents, particularly when dealing with handwritten wills. Additionally, the claimed savings from this proposal are questionable, and the potential loss of historical narratives should not be underestimated. Preserving original documents is essential for future litigation, historical research, and the preservation of our cultural heritage. Let us reconsider this misguided plan and find alternative solutions that prioritize the long-term value of original paper wills.