Is an electronically written Will valid?

Is an electronically written Will valid?

If you make a Will on a document on a phone, it is not legally valid under current law in the UK.

Recently The Sun on Sunday reported on how Max George, a former member of The Wanted, feared he would die and made a Will in hospital before having an emergency heart operation.

The headline in question: ‘I made my will on phone before heart op’  prompted Wake Smith Solicitors’ private client team Jennifer Robinson to highlight the correct law around this matter.

A previous article in our Advice Centre, explored the ability to make a valid Will in an unconventional manner click here for further information

This article covers:

• The case
• The Law
• The risks of DIY Wills
• Do you need legal assistance to make a Will?
• Your next move

The case

The emotional newspaper article revealed George was diagnosed with a heart condition and thought he was going to die.

He was scheduled to have heart surgery, but whilst in hospital, was so convinced he wouldn’t make it, that he took out his phone and started spelling out what to do with his assets.

George talks about how worried he was about his family and partner in case he did not pull through. "When you get told that [the bottom part of your heart isn’t working], you really realise what your responsibilities are. I've got a partner, Maisie, I've got a family. I've got two little nephews and all of that stuff really comes to the front of it all."

The article thankfully reports the surgery was successful, and George is recovering well, but it did not highlight that this iPhone document would not constitute a legally binding Will in the UK. 

The Law

For your Will to be legally valid in the UK, it must meet the strict criteria set out in the Wills Act 1837. The document must:

• Be in writing;
• Be signed by the testator (the person creating the Will, or by someone else in their presence and at their direction);
• Be made with the intention of creating a Will;
• Be signed in the presence of two witnesses, who must also sign the Will in the presence of the testator.

At present, to create a valid Will, the signature must be a physical ‘wet’ pen to paper signature. Typing a document, storing it as an electronic file with an e-signature and describing it as a ‘Will’ is simply not sufficient to constitute a Will.

The risks of DIY Wills

If a Will is found to be invalid, then your estate will be distributed according to a previous valid Will.

If there wasn’t a previous Will, then your estate will be distributed as if you had never made a Will. This is known as dying intestate and your estate will be divided in line with the Rules of Intestacy.

Whilst on the face of it, it is welcoming to see George get his affairs in order; ultimately this document would not have been valid and his final wishes would not have been carried out.

This is one of the main problems with DIY Wills, as often people are unaware of the strict legal requirements to execute a legally valid Will.

Additionally, DIY Wills are often unclear. Questions can arise on what the testator’s true intentions were and this can lead to a legal battle between loved ones and cause significant expense to the estate. It is important that the wording contained in a Will is succinct and clear, as simple mistakes can cause big problems.

 

Do you need legal assistance to make a Will?

It is strongly encouraged you seek specialist legal advice to ensure the legal requirements necessary to create a valid Will are met and your final wishes can be carried out.

 

Your next move

For professional advice about estate planning and Wills please contact Jennifer Robinson at Wake Smith Solicitors on 0114 224 2084 or email [email protected]

Find out more about our Estate Management, Wills and Probate services

Published 03/02/25