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Text Message Wills

1

According to research by unbiased.co.uk, in 2016, 59% of UK adults did not have a Will.

 

Nowadays, with technology taking over, the majority of the population does everything on their phones or tablets, people can be forgiven for leaving instructions over what happens to their assets when they die.

 

What people may not realise, is that in the UK, this is not a legal and binding Will.

 

Recently, there has been some press regarding an Australian Court accepting an unsent text message as a binding Will. 

 

The message was found in the drafts section of the deceased’s mobile phone, leaving “all that I have” to his brother and nephew, this was compiled shortly before he took his own life.

 

Although his widow contested the decision (as the text was never sent), it contained the phrase “my Will”. The court ruled that this phrase showed the deceased’s intention.

 

With an appreciation for modern times, the English Law Commission is currently consulting over the legalities regarding Wills; video Wills may be on the horizon!

 

As it stands however, the old rules apply.

 

Capacity

 

You must be of sound mind and capable of making decisions when you sign your Will. You must also be under no external influences to be compiling your Will.

 

Intention

 

You must intend to distribute all or part of your estate. There are particular expressions that must be used eg. “I leave the residue of my estate to X”.

 

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The Will must be signed by the Will maker. This ensures it is clear the Will reflects your wishes.

 

Document storage is also an added security measure.

 

The Will should also be witnessed by two independent people.

 

Without all these requirements, your Will won’t be valid and may cause unnecessary stress and heartache to your loved ones upon your death.

 

For more information regarding Will Writing, Lasting Powers of Attorney, and Document Storage, contact LCS NOW on 0345 017 8250 and let us help you, to help yourself.