George Green LLP Announces Promotion of Family Law Solicitor Aimee Stokes to Partner
George Green LLP is delighted to announce the promotion of Aimee Stokes to partner, effective 1...
Despite an increase in Will making in recent years, a recent YouGov survey reveals a worrying truth: many people in the UK still do not understand what makes a Will legally valid.
The poll of 2,000 participants found that nearly half (48%) were unaware that a Will must be signed in the presence of two non-beneficiaries in order to be recognised under UK law. If this fundamental requirement is misunderstood, it would result in an invalid Will and the Estate would be dealt with using statutory rules which may not align with an individual’s wishes.
The Rise of Digital Misconceptions
In an age where digital communication is second nature, especially amongst younger generations, the idea that a Will can take the form of a video, audio recording, or text messages is gaining traction. Alarmingly, 1 in 5 people aged 18–24 believed that a video message would count as a valid Will.
While such formats may seem convenient, they do not meet the legal requirements of a valid Will.
Why It Matters
These misconceptions can lead to unintended consequences. A Will that fails to meet legal requirements will be declared invalid, opening the door to:
- Disputes between family members.
- Unintended distribution of assets.
- Delays in Estate administration.
- Emotional distress during an already difficult time.
What Makes a Will Valid?
For a Will to be legally valid in the UK, it must meet the following criteria:
- Be in writing (typed or handwritten).
- Signed by the person making the Will or another person in the testator’s presence and direction (the testator).
- Appear to give effect to the Will by signing.
- Made voluntarily and without undue influence.
- Made by someone with mental capacity.
- Witnessed by two people present at the same time, who:
How We Can Help
With so many misconceptions and technology further blurring the lines, it is vital to seek professional advice when drafting a Will. Our team of experienced and highly professional solicitors will ensure your Will is valid and tailored to your specific circumstances.
If you would like to discuss making a Will, please contact the Private Client team at George Green LLP on 01384 410410 or complete our online enquiry form.