Specialist Lawyers Suggest Low Awareness Could Lead To An Increase In Disputes

A recent survey conducted by YouGov for law firm Irwin Mitchell has uncovered a concerning lack of awareness among the UK public regarding what constitutes a valid will.

The poll of 2,000 individuals highlights significant misconceptions about the legal requirements for a will to be recognised under UK law - with only half (48%) being unaware that to be valid, the will must be signed and that signature must be witnessed by two non-beneficiaries.

Despite advancements in technology and concerns about cybersecurity and deepfakes, around 20% of 18-24-year-olds incorrectly think that a video message would constitute a valid will, while half of that proportion think audio and text messages suffice.

Overall, when other age groups are considered, options such as video and audio messages scored lower, but still higher than email.

Expert Opinion

“Creating a valid will is a crucial step in ensuring your assets are distributed according to your wishes after you die, including funeral plans. However, there’s a solid proportion of people that appear unaware that the signing of a will needs to be witnessed by two non-beneficiaries.

“There remains to be several myths about wills that continue to get traction. This widespread misunderstanding could lead to many wills being contested in the future, as people may have documents that are actually invalid.

"The assumption, for example, by younger generations that the technology they use to communicate with friends and family, such as video, audio, or text messages, would constitute a valid will, could lead to significant legal and emotional repercussions. These include the risk of the will being deemed legally invalid, increased susceptibility to fraud, potential family disputes, unintended distribution of assets, and considerable emotional stress for loved ones."
Paula Myers, Head of Irwin Mitchell’s Will, Trustsand Estate Disputes team.

A valid will under UK law must meet specific legal requirements to be recognised. It must be in writing, either printed or handwritten, and signed and dated by the person making the will. Additionally, the will must be witnessed by two non-beneficiaries, meaning two individuals who are not named as beneficiaries in the will must be present to witness the signing. The person making the will must also have the required mental capacity to do so and must make the will voluntarily, without any undue influence.