What is a valid Will? Why it’s important to know

Can you make a legally valid Will by recording a video message or sending a WhatsApp?

The answer, as the law stands, is a resounding ‘no’ yet recent research shows that many adults still don’t understand the boxes that must be ticked to create a legally valid Will.

A poll of 2000 people by a national law firm found that:

• A significant 20% of 18-24-year-olds wrongly believe that a video message would constitute a valid Will, while 10% think an audio or text message would be ok.
• Almost half of all those surveyed do not understand that for a Will to be valid it must be signed and witnessed by two people who will not benefit from that Will.

What problems can an incorrectly drawn Will create?

At a time when the number of disputes over Wills is growing, making your Will as robust as possible is important just in case it is challenged in the future.

Will making is not always straightforward. Family set-ups and blended families can be complicated and the legal process for correctly drawing up a Will is strict.

To be legally valid a Will must be:

• In writing, either printed or handwritten, and signed and dated by the person making the Will
• Witnessed by two non-beneficiaries, meaning two individuals who are not going to benefit from the Will in any way, be that property, money or belongings, and who are present to witness the signing.
• Made by someone who has the required mental capacity to do so, voluntarily and without being put under undue influence.

If your Will is not signed or witnessed correctly, your estate may end up being treated as if you had died without making a Will at all. This is called dying intestate and means your estate is left to your next of kin in a fixed order, decided by the government and not necessarily as you wanted.

Why should I make my Will with a qualified solicitor?

Using a solicitor to make or update your Will protects against errors, ensures everything is done correctly to ensure validity and dramatically reduces the risk of a family member being able to exert undue influence over a vulnerable relative.

A correctly drawn up Will is an inexpensive way of avoiding difficulties in the future for your family and friends after your death.

It also gives you the chance to take wealth preservation steps to structure your affairs, not only to minimise your liability for inheritance tax, but to maximise tax relief too.

Solicitors, unlike Will Writers, have professional legal qualifications, are regulated by the Solicitors’ Regulation Authority and must have professional indemnity insurance. This means if something goes wrong, you have somewhere to go for redress and to claim compensation.

Get in touch.

Wards Solicitors wins high praise in the 2025 edition of the independent Legal 500 guide of outstanding legal professionals for its exceptional professional service standards and high levels of technical expertise.

We are also Bristol Law Society’s Regional Firm of the Year and our Wills, Probate and Mental Capacity Team has been chosen as Devon and Somerset Law Society’s Private Client Team of the Year.

Our specialist Wills and Mental Capacity solicitors are all highly experienced. Many are members of The Association of Lifetime Lawyers (formerly Solicitors for the Elderly) and the Society of Trust and Estate Practitioners (STEP). Both organisations require the highest standards from its members with proven qualifications and experience.

We offer a free initial appointment, can meet you in one of our offices or come to your home and always ensure the strict protocol for Will signings is followed to the letter.

• If you want to make or update your Will, please contact our Wills and Mental Capacity Team.