Why Writing Your Will on Your Phone from a Hospital Bed May Not Be Valid

In recent news, we saw Max George from the band, The Wanted “write on his phone what he would like to happen to his assets.” This made us stop and think as to whether this would have been a valid testimonial document.

When it comes to preparing for the future, a Will is one of the most important documents you can have in place. It ensures that your wishes are carried out regarding the distribution of your assets, guardianship of your children, and other important decisions. But what if you are in a hospital bed and find yourself needing to make updates to your Will or write one for the first time, like Max George?

In today's digital age, many people turn to their smartphones for everything from sending messages to handling finances. It might seem like a convenient solution to draft a Will directly on your phone, especially if you're incapacitated or facing a health crisis. However, there are several reasons why writing a Will on your phone in a hospital bed may not be legally valid. Here's why:

Lack of Formalities: The Legal Requirements of a Will

Wills must meet certain legal requirements to be valid. The law specifies that a Will must be written, signed, and witnessed according to a prescribed process. For instance, a valid Will must:

• Be written in writing
• Be signed by the testator (the person making the Will)
• Be witnessed by at least two individuals who are not beneficiaries of the Will

These formalities ensure that the document accurately represents the testator’s intentions and helps prevent fraud or coercion. While digital signatures and electronic documents are gaining traction in some legal areas, we generally still require a Will to be physically signed. A document written solely on your phone, without proper signatures and witnesses, may not meet these critical legal standards.

Authenticity and Fraud Risk

One of the main reasons for the formality of Will writing is to prevent fraud. A handwritten Will, signed and witnessed by individuals who can testify to its authenticity, is much harder to contest than a document stored in a digital format on a phone. A phone's content can be easily altered, and there is less accountability for who wrote or edited the document, particularly if there are no witnesses involved.

For a Will to be legally binding, it's crucial that it is clear and irrefutable that the document reflects your true intentions at the time of writing. If there are questions about its authenticity—such as whether you wrote it yourself or if someone else edited it—there could be disputes down the road, potentially rendering the Will invalid.

Incapacity and Coercion Concerns

If you are in a hospital bed due to illness or injury, it is especially important that the Will reflects your true, uncoerced wishes. In many cases, a person who is unwell or incapacitated may be vulnerable to pressure from others to make changes to their Will, or they may be too impaired to make clear decisions.

Wills written during times of mental or physical distress are often scrutinized more carefully by courts to ensure that the person was not unduly influenced or unable to fully understand the consequences of their decisions. Courts may require evidence that the testator was of sound mind and acting independently when writing or revising the Will. The informal nature of drafting a Will on your phone may not provide sufficient proof that the document reflects your true intentions free from external influence.

Lack of Witnesses

As mentioned earlier, most legal systems require that a Will be signed and witnessed by at least two individuals who are not beneficiaries under the Will. This is done to confirm that you are of sound mind and not under duress, and that you are voluntarily signing the document.

Creating a Will on your phone makes it difficult, if not impossible, to have those witnesses present at the time of writing. Witnesses must be able to see you sign the document, and in the case of a phone or digital document, this becomes an issue because there is no way to verify that the person.

Unforeseen Issues with Phone Storage and Access

Phones can break, lose data, or be rendered inaccessible. If the Will is stored solely on your device, there is a risk that it could be lost, deleted, or become unreadable due to technical issues. Additionally, after your death, your loved ones may not be able to easily access the Will on your phone if they don’t know the password or if your device is locked. This could delay or complicate the probate process, leading to confusion or disputes among family members and heirs.

Conclusion: The Importance of Following Legal Procedures

While writing a Will on your phone might feel like an efficient solution in an emergency situation, it is important to understand that such a document is unlikely to meet the necessary legal requirements to be considered valid. To ensure that your final wishes are honoured, it is best to create a Will that follows the legal formalities.

Your peace of mind and the protection of your loved ones depend on having a valid, legally recognised Will. Take the time to get it right, even if that means waiting for a moment when you can follow the formal procedures. Max should have given us a call!

For more information on creating your Will, please contact Claire-Louise Smith, CILex Lawyer in our Probate, Wills and Lasting Powers of Attorney Department on 0208 9499500 or email on clsmith@pearsonhards.co.uk