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Can You Make a Will on WhatsApp?

22 April 2025

When it comes to planning for the future, making a will is one of the most important legal steps you can take. With the growing use of digital communication, a common question arises: Can you make your will using WhatsApp?

Let’s explore what the law says—and whether digital platforms like WhatsApp have a place in this process.

The Legal Requirements for a Valid Will

In England and Wales, the creation of a valid will is governed by the Wills Act 1837. While this law may seem outdated—having come into effect long before the digital age—it still sets out the legal foundation for how wills must be made.

To be valid, a will must meet these key criteria:

• The person making the will (the testator) must be 18 or over.
• The testator must have mental capacity—they must understand the nature and effect of making a will.
• The will must be in writing.
• The will must be signed by the testator (or by someone else in their presence and at their direction).
• The signature must be witnessed by two people, who must also sign the will in the presence of the testator.

These formalities are essential—and they pose obvious challenges in a digital context, especially on platforms like WhatsApp.

What About During the Pandemic?

During the Covid-19 pandemic, the UK Government temporarily amended the Wills Act to allow remote witnessing via video link. This change helped people continue to make valid wills despite social distancing restrictions. Some other countries introduced similar digital provisions—some of which have since become permanent.

However, this was a limited, temporary measure, and it did not allow wills to be made entirely through messaging apps or digital text alone.

The Law Commission’s Review of Electronic Wills

Recognising the need to modernise the law, the Law Commission launched a consultation on electronic wills in 2017. After a pause, the consultation resumed in 2023, with a supplementary consultation paper released. This paper explores how wills might be executed electronically and whether a completely new Wills Act is needed to support that.

The consultation closed in December 2023, but no changes have been introduced yet.

So—Can You Make a Will on WhatsApp?

In short: no. At present, a message sent on WhatsApp does not meet the legal requirements for a valid will in England and Wales.

There are several issues with using WhatsApp:

• It doesn’t support the necessary witnessing process.
• Messages can be automatically deleted, raising serious questions about a will’s longevity and reliability.
• The format is not designed for formal legal documents, and it would be difficult to prove intent or authenticity.
• While technology is becoming more integrated into our daily lives, making a will remains a formal legal process that must meet strict requirements. For now, platforms like WhatsApp don’t offer a suitable or legally valid way to create a will.
• To ensure your wishes are clearly documented and legally sound, it's always best to seek professional advice.

 

Ready to make or update your will?
 

Visit our Wills, Probate and Estate Administration page to learn how our experienced team can help guide you through the process with clarity and care.

 

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