Will Writing in England and Wales: What You Need to Know

When it comes to writing a Will, many people assume the rules are the same everywhere. However, inheritance laws vary significantly between countries, and even within the UK, different jurisdictions have their own legal frameworks.

At SLS Wills and More, we specialise in Will Writing and estate planning under the laws of England and Wales. While we’re based in Kent, we serve clients across the whole jurisdiction, offering both face-to-face and Zoom appointments to make the process as convenient as possible.

But what makes England and Wales unique in terms of Wills? And how do other countries approach inheritance differently? Let’s take a closer look.

The Legal Framework in England and Wales

In England and Wales, Wills are governed by the Wills Act 1837. This legislation sets out the requirements for a valid Will:

✅ The person making the Will (the testator) must be over 18 and of sound mind.
✅ The Will must be in writing.
✅ The testator must sign the Will in the presence of two independent witnesses.
✅ The witnesses must also sign the Will in the presence of the testator.

These formalities ensure that Wills are valid and legally enforceable. However, this approach differs significantly from other countries, where alternative forms of Wills, such as handwritten notes, electronic documents, or even text messages, have been accepted by courts.

This might change this year but we’re yet to know.

How Inheritance Laws Differ Around the World

Forced Heirship – The Law in Many European Countries

Unlike England and Wales, many countries have a system of forced heirship. This means that certain family members, usually children and spouses, are automatically entitled to a share of an estate, regardless of what the deceased may have wanted.

For example:

• In France, children are entitled to a fixed portion of their parent’s estate, leaving little room for discretion.
• Spain and Italy have similar rules, preventing individuals from completely disinheriting their children.
• Scotland also has a form of forced heirship known as “legal rights,” which guarantees a share of moveable assets (money, investments, personal possessions) to surviving spouses and children.

By contrast, in England and Wales, people have testamentary freedom – meaning you can leave your estate to whoever you choose. However, the Inheritance (Provision for Family and Dependants) Act 1975 allows certain people, such as spouses, children, and dependants, to make a claim if they believe they’ve been unfairly left out.

So, if you’re looking to make an exclusion in England or Wales, it’s important to cover your back and get professional advice.

Modern Approaches – Australia and the “Text Message Will”

Some countries have moved towards a more flexible approach to Wills. One of the most striking examples comes from Australia, where courts have been willing to accept unconventional Wills.

In 2017, a judge in Queensland ruled that an unsent text message found on a deceased man’s phone could be considered his Will. The message, which left his estate to his brother and nephew, was never sent, but the court decided it reflected his final wishes.

While England and Wales still require strict formalities, this case raises an interesting question: should inheritance laws evolve to reflect modern technology?

A Recent Example – The Wanted and the “Notes App Will”

Closer to home, the importance of formalising a Will was highlighted by a band. The case of Tom Parker, a member of the band The Wanted. Following his tragic passing in 2022, it emerged that he died without writing a Will. His band-mate, Max George, recently went into the hospital to have a pacemaker fitted and reportedly had written a Will using the notes app on his phone.

Unfortunately, under the law of England and Wales, a Will written in a phone’s notes app is not legally valid, as it doesn’t meet the requirements of the Wills Act 1837. This meant that his estate was at risk of being distributed under intestacy rules rather than according to his wishes had the op gone south.

This case serves as a stark reminder that good intentions aren’t enough, a Will must be properly executed to be legally recognised.

What’s Important When Writing a Will in England and Wales?

If you want to ensure your wishes are followed, the following points are crucial:

1. Get Your Will Drafted Properly

A DIY Will, an unsigned draft, or a note on your phone simply won’t be legally valid. Working with a professional Will Writer ensures everything is done correctly.

2. Consider Who Might Make a Claim

Even though you have testamentary freedom, certain individuals (such as spouses, children, and financial dependants) may be able to challenge your Will if they believe they have not been adequately provided for. Thoughtful planning can help reduce the risk of disputes.

3. Keep Your Will Updated

Life changes, marriage, divorce, children, property purchases, so your Will should change too. Reviewing it regularly ensures it still reflects your wishes.

4. Make Sure It’s Properly Stored

A Will must be stored safely and be accessible when needed. At SLS Wills and More, we offer secure Will storage services, so you don’t have to worry about losing your original document.

We Serve Clients Across England and Wales

Although we’re based in Kent, our services are available to clients across England and Wales. Whether you prefer a face-to-face appointment or a Zoom consultation, we make the Will Writing process straightforward, professional, and tailored to your needs.

Don’t risk leaving your estate to chance. Ensure your wishes are legally protected with a professionally drafted Will.

Call us: 01304 577998
Email us: hello@slswillsandmore.co.uk
Visit our website: www.slswillsandmore.co.uk

Secure your future. Protect your loved ones. Write your Will today.