This legislation was written before electronic devices were available, therefore a handwritten Will may be valid but we would recommend the document to be typed, as the chance of errors or misinterpretation is less likely on an electronic device.

There is a case where a Will was hand written which was disputed, Davies V Watts 2024 EWHC 1177 CH. Mr Philip Prince instructed a solicitor to write his will there and then and this Will was written by hand. The case details were as follows:
Mr Philip Prince had left his estate which was around £808,000 to a close friend who, it was established, was his partner with whom he lived with for numerous years. However, a half-sister, Mrs Barbra Watts, was located when Mr Prince passed away and disputed this Will.

Mrs Watts disputed that Mr Prince didn't have the testamentary capacity, want or knowledge to write his Will. The solicitors evidence showed that Mr Prince insisted that the solicitor write the Will there and then hence the use of hand-writing. The solicitor explained the clauses in the Will and also gave the Will to Mr Prince to read himself. Mr Prince acknowledged that the contents were as he instructed.

The case then examined Mr Prince's testamentary capacity. An expert witness, implied that there may have been delirium on Mr Princes behalf but this was disputed by other witnesses and close friends of Mr Prince.

The Will was considered to have been suitably executed and that Mr Prince understood what was in the document and who had entitlement to his estate. The court dismissed Mrs Watts objections.

Did a hand written Will contribute to Mrs Watts questioning the validity of the Will and would this case have gone to court if the Will was typed? Whilst a hand written Will is valid, the legislation is over 100 years old and electronic devices were not available then. It could be considered that this could be avoided nowadays, by using an electronic device, as this would make any instruction clearer to whomever reads it, such as the executors of the Will.

The remaining criteria in the Wills Act 1837 Section 9 is:
 

• The document is signed in front of two witnesses and both witnesses need to see the Testator (person who’s Will it is) sign the document and acknowledge they are happy.
• The Testator also needs to be present when the witnesses sign.
   

If the validity of the document is ever called to be verified, evidence will be obtained from the witnesses who signed the Will and it will be establish if it complies with the criteria set out in Section 9 of the Wills Act 1837.

In a recent news report relating to Max George, singer from music band The Wanted (www.bbc.co.uk/news/articles/ckgrnd38ryeo), Max discusses his last minute concerns before going into surgery for a heart condition where he would have a pacemaker installed, as the bottom half of his heart wasn’t functioning properly. Max felt that he was going to die and thought about his beloved girlfriend Maisie Smith and his two nephews and wrote his Will out on his phone, detailing who would get his various assets. Unfortunately Max didn’t know to get the Will printed and signed in front of two independent witnesses.

Even though this would give an indication of his wishes, legally this would be invalid as it does not comply with Section 9 of the Wills Act 1837. Therefore it is likely that, legally, his estate would pass via the intestacy rules, which would leave his partner Maisie Smith with nothing and would not reflect his chosen wishes for his estate. Fortunately Max successfully survived his operation and is reportedly well at the time of writing this blog, which means he now has the time to take suitable professional advice to help him obtain a valid Will.

Even with Mr Prince and Max George’s stories considered, the facts remain the same. For a Will to be valid, the document (Will) needs to comply with section 9 of the Wills Act 1837. If it doesn’t, the rules of intestacy would apply and this could mean after your death your estate may not pass as you wished it too.