Would Australian unsent text message will be valid in the UK?

By Paul
In April 18, 2018
Comments off


Despite a claim from his estranged wife, the court decided that “The informal nature of the text does not exclude it from being sufficient to represent the deceased’s testamentary intentions”.

However, would this verdict stand in the UK? While in certain circumstances, the formal requirements of a will can be overlooked in Queensland, in England and Wales the situation is very different.

According to law, a will must be made in writing and signed by the testator in front of two witnesses. The will must then be signed by two witnesses. In addition, the person making the will must intend the document to be used as such. So, in England and Wales, the draft text message would not have been accepted by the courts.

In England and Wales, such a case would also likely lead to arguments about mental ability, although the Queensland Court did consider this issue and found that the man did have the capacity to make his will.

The Law Commission is currently looking into potential will reforms and is looking at whether changes should be made to take account of developments in technology. They are considering both electronic wills and dispensing provisions. However, concerns about protecting people from unscrupulous beneficiaries and abuse are expected to influence any reforms.

Comments are closed.


Redwood Financial Family Wealth & Estate Planners Ltd is Directly Authorised and regulated by the Financial Conduct Authority. FRN number 774469.

Subscribe to our free monthly Wealth Management update.


The Financial Conduct Authority do not regulate, Will Writing, Buy to Let Mortgages, Auto-Enrolment, Tax Advice and Estate Planning. Your capital is at risk. Investments can fluctuate in value and investors may not get the amount back they invest. The guidance and/or advice contained within the website is subject to the UK regulatory regime and is therefore primarily targeted at customers in the UK. https://register.fca.org.uk/

Contact us

Telephone: 01489 877547
Email: info@redwoodfinancial.co.uk

Company information

Redwood Financial Family Wealth and Estate Planners Ltd Company Number: 08926661
Registered Office Address: Wellesley House, 204 London Road, Waterlooville, Hampshire,