Is a handwritten Will legally valid?

Now and then, the question ‘Is a handwritten Will legal?’ crops up in the media. Whether it’s part of a TV storyline (one of the most notable recent ones was a scribbled note in Succession, for example) or a news story, such as this one about Max George from the boyband, The Wanted, writing a Will on his phone.

In this blog, we look at whether a handwritten or handmade Will is valid, and what constitutes a legally binding Will in the UK.

Is a handwritten Will legal in the UK?

A handwritten or homemade Will is legal in the UK as long as it complies with the requirements of the Wills Act 1837; these are that it has been properly drafted, signed and witnessed.

To be valid, the Will must be signed by the Testator (the person making the Will) in the presence of two witnesses, who will each also sign the Will in the Testator’s presence.

If the above doesn’t happen, the Will won’t be legally valid.

While these are the main legal requirements, numerous other factors can prevent a Will from being legally valid and able to be used in the administration of your estate. Because making even the simplest of Wills can be complicated, it is always best to seek legal advice from a professional Will Writer to ensure peace of mind.

What makes a Will invalid?

A Will might be considered invalid if:

• It was not properly signed or witnessed.
• The Testator lacked mental capacity when writing it.
• The Testator did not know or approve of the contents of the Will.
• It is forged.
• The Testator was coerced or influenced into making the Will and/or including certain provisions.

In a recent news story about The Wanted singer, Max George, it revealed that he wrote his Will on his phone before heart surgery as he thought he was “going to die”. He even included what to do with his assets. While the Will was technically in writing, this would not form a legally valid Will as it was not signed and witnessed.

If your loved ones realise that your Will is invalid after you’ve died, it could cause serious problems with the administration of your estate. In some cases, an invalid Will could lead to a Will dispute claim.

Can I write a Will without a Solicitor?

It is possible to write your own Will using a DIY ‘kit’, however, it is sensible to seek legal advice, even if you think you have a ‘simple’ case, e.g. no high-value assets or children.

A Will Writer who is legally qualified can also advise on potential pitfalls in your case, such as tax implications or potential future disputes regarding your Will. Instructing a Will writing solicitor at a firm also means that both you and they can lean on the expertise of other areas such as Powers of Attorney and Trusts. It will also mean that your Executors can seek advice from the firm’s Probate and Conveyancing teams to help with the administration of your estate after you die. Read more about why it’s worth paying for a solicitor.

Blog | Why should I get a solicitor to write my Will?

What happens if I don’t make a Will?

It is wise to write or update your Will, no matter your age or stage of life; even if you are single and without a property, partner or children. There are key events that ‘trigger’ the need for a Will, however, such as buying a house, having children, separating from your partner or owning a business. You can read more about when is the right time to write or update your Will in our blog.

Rules of intestacy

If you die without a valid Will, your estate will be administered by the rules of intestacy. In England and Wales, the Inheritance and Trustees’ Powers Act 2014 dictates how an estate is administered when someone dies intestate.

If you were married or in a civil partnership, your assets and property up to a value of £322,000 go to your surviving partner. The rest will be split in half and divided equally between your children and your spouse.

If there aren’t any children, the rest will go to your partner. If you were not married or in a civil partnership and you did not have any children, your estate would be divided between any surviving parents. Should they predecease you, it will go to your siblings (and then half-siblings, grandparents, aunts and uncles, in that order).

If there are no living relatives, your full estate will go to the Crown.

Need a Will? We can help

If you need to write or update your Will, our qualified Will writers can help. To make an appointment, call us on 0117 325 2929 or fill out our online enquiry form.