Dear Martha Brass, Chief Operating Officer, BBC Studios Drama Production,
We are writing to express our concerns regarding the recent portrayal of legal processes in an episode of BBC’s EastEnders.
It’s really important your viewers have accurate information when it comes to legal processes – to make sure they don’t get caught out by misinformation.
In a recent episode, the character Nish had his solicitor visit him in hospital to draft and arrange for the signing of a will. The scene disregarded essential legal requirements under the Wills Act 1837, which says that for a will to be valid, the testator (the person who makes and executes the will) must sign the document in the presence of two witnesses, who must also sign the will in the presence of the testator. The characters’ conversation suggested that the solicitor could simply ‘seal’ the will to make it valid, which is a misrepresentation of the legal procedure.
We are concerned that this portrayal on the programme will result in viewers believing this flawed process is legally acceptable, potentially leading to invalid wills and ensuing legal complications.
This may sound like a small point, but errors with signing often result in increased legal costs for families, contested estates, and added stress during what is already a difficult period following a loved one’s death.
As private client lawyers we specialise in supporting people to plan ahead. All too often we encounter wills that aren’t compliant with the Wills Act, and see the consequences firsthand.
We fully appreciate that a drama series like EastEnders aims to entertain but given the influence of such shows on public understanding, we believe it’s your responsibility to ensure that legal matters, especially those as significant as the making of a will, are accurately represented. The misinformation conveyed in this episode could have real-world consequences for your audience, many of whom may not realise the importance of having a will executed properly.
Members of The Association of Lifetime Lawyers would gladly provide support to the BBC to portray legal processes accurately in future episodes.
We urge you to issue a clarification or correction, ensuring that the public is not left with a misunderstanding of how to create a valid will.
Sincerely,
Lakshmi Turner, CEO, The Association of Lifetime Lawyers
Kirsty Limacher, Chief Legal Officer, The Association of Lifetime Lawyers
Michael Culver, Chair of The Association of Lifetime Lawyers, Founder of Culver Law