The Changing Landscape of Informal Wills

The UK legal system has historically maintained strict formalities for Will-making, requiring written documents signed in the presence of two witnesses under the Wills Act 1837. However, recent developments suggest that courts are increasingly willing to consider non-traditional testamentary statements, such as text messages and voice recordings, in exceptional circumstances. This shift reflects the reality that many individuals express their final wishes through digital means, particularly during urgent or unexpected situations.

Whilst the law has not fundamentally changed to permit informal Wills as standard practice, certain legal doctrines and proposed reforms are creating pathways for these unconventional expressions of intent to carry weight. Understanding when and how informal Wills might be validated is essential for families navigating inheritance matters and individuals wishing to ensure their final wishes are respected.

Legal Requirements for Valid Wills in England and Wales

Under Section 9 of the Wills Act 1837, a valid Will must meet several stringent requirements. The document must be in writing and signed by the testator, or by another person in their presence and at their direction. The signature must be made or acknowledged in the presence of at least two witnesses who are present simultaneously, and each witness must then sign the Will in the presence of the testator.

These formality requirements serve crucial protective functions, safeguarding against fraud, undue influence and ensuring that testators understand the serious nature of making a Will. Digital documents stored on phones or computers, voice recordings and text messages do not ordinarily satisfy these requirements, meaning they cannot be recognised as valid Wills under current legislation. The strict application of these rules has historically meant that even clear expressions of intent could be disregarded if they failed to meet the formal criteria.

When Courts Have Accepted Informal Testamentary Statements

Despite the rigid formal requirements, UK courts have demonstrated flexibility in certain exceptional circumstances through the legal doctrine of donatio mortis causa. This principle allows gifts made in contemplation of imminent death to take effect without reference to a formal Will, provided specific conditions are met.

The landmark case of Rahman v Hassan exemplifies this approach, in which Judge Paul Matthews, sitting in the High Court, accepted text messages as valid expressions of testamentary intent. Mr Al Mahmood, facing imminent death, sent text messages to his Will writer stating his intentions for his estate when a formal Will could not be executed in time. The court found that these messages, sent in contemplation of death with clear instructions about his assets, constituted valid gifts under the donatio mortis causa doctrine.

This ruling acknowledges that urgent and exceptional circumstances can justify accepting even informal communications as legally binding expressions of final wishes. However, such cases remain exceptional rather than routine, and the doctrine requires proof that the gift was made specifically in contemplation of impending death and was intended to take effect only upon death.

The Law Commission’s Proposed Reforms

Recognising the outdated nature of Victorian-era legislation, the Law Commission published its comprehensive report ‘Modernising Wills Law’ on 16 May 2025, recommending significant reforms to bring testamentary law into the digital age. A central recommendation grants courts discretionary power to validate informal documents as Wills where there is clear evidence of the testator’s settled intentions.

This proposed dispensing power would apply to Wills contained in documents, which the Commission confirms include written and electronic records such as text messages, social media messages, emails, and potentially sound and video recordings. The power would only be exercised in exceptional circumstances on a case-by-case basis, maintaining the protective functions of formal requirements whilst preventing injustice where intentions are unmistakable.

The Commission also recommends formally recognising electronic Wills under secure conditions, with bespoke requirements including digital signatures, verified identity checks and reliable storage systems. These electronic Wills would need to provide functionally equivalent protection to traditional paper Wills, ensuring strong evidence of testamentary intentions whilst protecting against fraud and undue influence. For further insight into these developments, read about how the Law Commission proposes to allow electronic Wills.

Significant Risks of Relying on Informal Wills

Despite emerging flexibility, relying on informal Wills carries substantial risks that individuals should carefully consider. Voice recordings and text messages do not meet the strict legal requirements under current law, meaning they are unlikely to be admitted as valid Wills, potentially leaving estates to be distributed under intestacy rules.

Even if the Law Commission’s recommendations are implemented, the dispensing power would be exercised only exceptionally, introducing uncertainty about whether informal documents will be accepted. Questions may arise over whether an informal document represents a final Will or merely a draft or expression of wishes, potentially leading to costly litigation over authenticity and meaning.

Informal Wills also lack the safeguards inherent in the formal execution process, including witness verification and professional guidance that help protect vulnerable individuals from fraud and undue influence. Without these protections, there is an increased risk that the document may not accurately reflect the testator’s genuine wishes or may be challenged by disappointed beneficiaries. To gain a deeper understanding of potential pitfalls, consider the risks associated with creating a DIY Will.

Best Practice for Ensuring Legally Binding Testamentary Wishes

The most reliable approach to ensuring your final wishes are respected remains creating a formally executed Will that complies with all legal requirements. Engaging a qualified solicitor specialising in Wills and probate provides professional guidance on structuring your estate, minimising tax liabilities and ensuring the document accurately reflects your intentions.

A properly executed Will should be in writing, signed by you in the presence of two independent adult witnesses who then sign in your presence, creating clear evidence of your testamentary capacity and intentions. The witnesses should not be beneficiaries under the Will or married to beneficiaries, as this would invalidate their gifts.

Regular reviews of your Will ensure it remains current as circumstances change, particularly following major life events such as marriage, divorce, births or significant changes to your financial position. Storing the original Will securely and informing trusted individuals or your executor of its location prevents disputes and ensures it can be located when needed. Whilst digital expressions of intent may someday carry more weight, formal Wills remain the gold standard for protecting your wishes and your loved ones.

Take Control of Your Legacy Today

Do not leave your final wishes to chance or rely on informal methods that may not be legally recognised. At A L Law, our experienced family law solicitors provide compassionate, expert guidance on creating legally binding Wills that protect your loved ones and ensure your wishes are honoured.

Contact us today to discuss your testamentary needs and receive professional advice tailored to your unique circumstances. Whether you are creating your first Will, updating an existing document or navigating complex family situations, we are here to help you secure peace of mind for you and your family.