Can you make your will on WhatsApp?

Making a will is one of the most important things anyone can do. The Wills Act 1837 details the requirements of a valid will. WhatsApp wasn’t even a digital dream in its designer's eye when the Wills Act came into force!

This article will answer whether you can make your will on WhatsApp by discussing the key legal requirements for making a valid will.

What’s required for a valid will?

To ensure a will is valid:

• The individual making the will (testator) must be at least 18 years of age.
• The testator must have the capacity to make the will as defined by the Mental Capacity Act 2005.
• The will must be in written form, signed and dated by testator and witnessed by two independent, adult witnesses or the testator must acknowledge their signature in the presence of the two witnesses.
• Two witnesses must sign the will in the presence of the testator.

All of the above requirements are impossible to replicate in a digital world.

During Covid-19 pandemic, when the UK was subject to lockdown and movement restrictions, the UK Government amended the Wills Act, allowing witnessing remotely over a video link. Other jurisdictions took similar measures, some of which have become permanent.

The Law Commission and Electronic Wills

A consultation by The Law Commission into electronic Wills began in 2017. A key element of the consultation paper's was how a will could be executed electronically in accordance with the Wills Act. It considers whether bespoke arrangements are needed to accommodate electronic wills and, potentially, a new Wills Act to satisfy those needs however, there has been no further movement since the consultation closed on 8 December 2023.

Are we likely to see wills by WhatsApp in the future?

There is currently no indication that wills by WhatsApp will be valid. WhatsApp is a messaging app that does not lend itself to collaboration in a single text. WhatsApp has various functions to overcome that would not align with the requirements of a legal document, prove capacity or in fact that the individual wrote the message! Wills by WhatsApp is not currently a functional option, considering current practices and safe guarding rules.