Can You Write a Valid Will on Your Phone?

The law surrounding the validity of Wills has not changed much in the last 200 years (except for a temporary change to the rules during the COVID-19 pandemic).

The requirements for a valid Will are referred to within the Wills Act 1837.

Section 9 provides that no Will shall be valid unless:

1. It is in writing and signed by the testator (or by some other person in their presence and by their direction – in exceptional circumstances);
2. It appears that the testator intended to give effect to the Will by their signature; and
3. The testator's signature was made in the presence of two independent witnesses who must also sign the Will.

Digital or electronic Wills are not legally valid under the current legislation, even using services such as DocuSign.

Adaptations to the signing and witnessing of Wills were made during the Covid-19 pandemic to allow for Wills to be witnessed while remaining socially distanced through either:

• Witnessing signatures through a window or glass door
• Video witnessing the signing of a Will

Video witnessing a signature of a Will is no longer permitted in England and Wales since 1 February 2024, as the Government did not renew the temporary legislation enacted to allow for this.

What to do instead and how Myerson can help

A Will is arguably one of the most important documents you will prepare during your lifetime and covers all your hard-earned assets during your lifetime, and each individual’s circumstances are unique.

Working with a solicitor to draft a Will that accurately reflects your wishes will assist you in achieving your desired results in the most efficient way while also ensuring that the Will is effective in the eyes of the law, reducing the possibility of fallouts after your death.

Our dedicated Wills, Trust and Probate Team here at Myerson can provide the following:-

• Tailored advice to your unique needs and circumstances. We will discuss your current assets and liabilities, your family tree and your wishes for the distribution of your wealth to prepare your Will;
• Tax efficiency – if there is a risk of your estate paying inheritance tax, our team can advise on any applicable exemptions and reliefs that are available in your circumstances to maximise the use of the same and advise you on succession planning for you and your business;
• Greater clarity – a properly drafted and executed Will provides for greater clarity and less ambiguity when it comes to the interpretation of this document;
• Reduce potential litigation and challenges by beneficiaries.

A Will is a vital document that allows you to choose how to distribute your assets once you have died.

Our national law allows each person what's referred to as 'testamentary freedom', meaning you have the complete freedom to choose who inherits your estate.

Despite this, it is thought that over 40% of adults do not have a Will.

Sadly, it is only in situations such as the one highlighted by Max George's health or the pandemic that prompt many of the population to consider their wishes and solidify these within a Will, which means that proper thought may not have been given to the matter in terms of consequences and adequate legal and tax advice may not have been sought.

Therefore, you must take your estate planning and preparation of a properly executed Will seriously, as the costs to rectify or resolve any issues could be in the tens of thousands compared to the price of making a Will.

We recommend that you seek legal and professional advice to ensure that your wishes are accurately reflected within your Will and do not rely on information given by the tabloids or equivalent. 

A Will is not a one-size-fits-all.