Is A Handwritten Will Legal?

Is a handwritten will legal? Is a question we often hear, especially when time is of the essence, and putting together a formal document feels impractical. While it can be tempting to write a will by hand, it’s vital to be aware of the potential issues it might create, such as being contested as invalid. In this article, we look at the risks involved and how to make sure a handwritten will is valid.

Are hand written wills valid?

It is not unusual for clients to need their will prepared and signed promptly because they are elderly or very ill. If time is of the essence for you or a loved one, the temptation to write a will yourself is understandably attractive, but there is a risk that the will could be found to be invalid and can give rise to a dispute post-death.

The dangers of handwritten wills

Whilst there is no legal requirement that a will be prepared on an electronic device (as the Wills Act 1837 certainly pre-dates modern technology), a handwritten will is nevertheless not the norm and can potentially open the door to a claim against its validity.

• Read our blog posts: Can You Write Your Own Will? & What To Do If You Suspect a Forged Will

Case study: Disputed handwritten will of Philip Price

An unfortunate dispute involving a handwritten will recently reached a final court hearing – no doubt with significant legal costs incurred – even though a solicitor prepared the will.

A solicitor had handwritten a will for 74-year-old Philip Price, who died around four weeks later following serious health problems which included a 10-day hospital stay. He left an estate of around £808,000 to a close friend who he had known for 25 years.

Legal Dispute and Outcome

After Mr Price’s death, an individual found out she was Mr Price’s half-sister and argued that the will was invalid based on lack of testamentary capacity and want of knowledge and approval. If she had succeeded (which she did not) in overturning the will, she would have inherited the entire estate under the Intestacy Rules.

Circumstances leading up to the making of the will

In all cases involving disputed wills, the courts are careful to examine the circumstances leading up to the making of the will and its execution. Here, the court was satisfied on the evidence that:

• Mr Price and his close friend were considered a couple and lived as close companions
• Mr Price had spent more than an hour with the solicitor, discussing his assets and giving her instructions for his will
• Mr Price made it clear he wanted the will done there and then
• The solicitor drafted the will, explained its terms and then gave it to Mr Price to read
• The solicitor did not think there were any issues with Mr Price’s capacity and did not obtain a medical assessment
• The will was duly executed and was rational on its face

The court then had to consider the matter of Mr Price’s testamentary capacity. It was not in dispute that he was very weak and frail physically, but witnesses said he remained “mentally very sharp”. However, the expert evidence suggested that there could have been some continuing delirium at the time he executed the will, which could have undermined his capacity

The court concluded on the evidence of witnesses who saw Mr Price that he did have the requisite testamentary capacity.

Furthermore, the will itself was written with clear capital letters on one page; it was not a complex will and it was clear Mr Price knew and approved its contents.

Best practices for writing a will

A typed will is almost always better than a handwritten will if time allows (it’s easier to make a mistake in a handwritten document). It is particularly unusual – and potentially unwise – for solicitors to prepare a will by hand and have it executed ‘there and then’.

In this case, had the solicitor prepared the will digitally and printed it off in the usual way and gone through its terms with Mr Price at a subsequent appointment, and (potentially) obtained a medical assessment, the dispute may well have been avoided.

Our experts can draft and execute urgent wills

The specialist wills and probate solicitors at Osbornes Law are experienced in drafting urgent wills and arranging for their swift execution to ensure clients’ peace of mind in their final days.

Where speed is crucial, our solicitors remain diligent in undertaking checks to ensure clients have the required testamentary capacity; and are making their will of their own free volition, and are not being unduly influenced.

• Also see our blog post: What is fraudulent calumny?

We understand that urgent wills are required from time to time. The wills solicitors at Osbornes Law are experienced in dealing with wills when time is of the essence.

To speak with one of our solicitors, contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811