The importance of planning ahead: Why a text or social media message isn't enough to make a will

"Protect Your Legacy and Plan Ahead"

Gap years are becoming more popular both before and after educational studies and usually contain some form of travelling around the world before they have to settle down and start on their career ladder.

With more spontaneous trips happening, it is an important time to consider putting in place a will before you go off on your travels and what constitutes making a valid will. Technology is ever changing and you can now sign legal documents online instead of the traditional wet signatures on documents. This is probably why many millennials think that if they send a text, Facebook message, or Instagram DM with their intentions, this constitutes a valid will. Unfortunately, it does not.

The legal requirements on how to sign a will have not changed since 1837, so if the will is not signed in the correct format, then it will not be valid and your wishes will not be followed. It is therefore important to seek professional legal advice when putting in place a will to ensure that the correct signing formalities have been done.

There is a strict signing procedure where the person making the will has to sign their will in the presence of two witnesses who also need to sign to confirm that they have witnessed the signatures. However, it is not that easy. You also need to be aware of the rules of who can act as a witness. Did you know that if your witness was also a beneficiary under your will, they are not entitled to the gift?

There are some cases where gifts outside of the usual will parameters can take effect legally. These are known as deathbed gifts, where the person has to be in contemplation of death in order for the gift to take effect. Again, there are strict requirements in place, which means that the person making the gift has to also deliver part of the subject matter of the gift to the intended beneficiary. This could be, for example, keys to their property to represent that they receive their property when they pass away. However, if you are abroad and your physical item is still in your country of residence, then practically speaking, this is difficult to execute.

Sadly, it is not uncommon for people who are travelling across the world to come into unsafe situations that may lead to tragic outcomes, such as accidents up mountains or underwater, amongst others.

It is therefore important to put in place a will before you go travelling to ensure that, in the event of your passing, your loved ones have been well provided for. A typical will meeting lasts under an hour to take your initial instructions (but you will need a further meeting to complete the signing procedure), so add it to your list as something that needs to be done before you finalise your travel plans.

If you would like to put a will in place, then please contact one of our will specialists. You can either contact us by completing the online questionnaire here.

Or call 01206 217609, or email leah.woodlee@birkettlong.co.uk