It happens more often than it should in our favourite films, shows, and books.
Someone’s in a bind.
They snatch up a serviette.
Maybe tear a page from a book.
Or a nearby envelope.
They write their will like they’re signing their life away.
And you can bet your bottom dollar that will is going missing, only to reappear at the eleventh hour and save the day.
We roll our eyes, but we love it really, even if it all seems a little far-fetched. The real world doesn’t work that way. Wills are legal documents, after all, usually drawn up by solicitors and professional will-writers.
Can you write your will on a napkin, the back of an envelope, or any other scrap of paper you have to hand?
Surprisingly, yes.
Is a will written on a napkin valid?
A handwritten will is entirely legal, and it’s known as a ‘holographic will’, from the Greek: holo meaning ‘whole’, graphic meaning ‘writing’.
That means every single section is written in your own hand, unlike the sort of DIY, fill-in-the-blank, typewritten wills you might pick up in WH Smith.
Technically, at least, if that burger-stained napkin states your last will and testament, you’re golden.
However, there are a few caveats.
You probably shouldn’t do it
It’s not really a good idea to scribble your will in the heat of the moment. Call it the Jurassic Park principle: just because you can, doesn’t mean you should.
For starters, you should take time over your will. Even mutual wills, which are a simple two-way agreement that generally benefits the other party, should be considered carefully. You’ll want to make it fair. You don’t want to leave out anything, or anyone. And no-one wants to deal with inheritance tax headaches.
Writing a will is also about offering security. It’s peace of mind for the future, knowing those you care for will be looked after. It’s your parting gift.
That security your loved ones rely on vanishes with back-of-a-fag-packet wills. They’re much more vulnerable to being contested, meaning your final wishes may not be carried out and your family could be left in limbo, worrying about what happens next.
If you’re intent on drafting your own will, make sure you understand the pros and cons of DIY wills and will-writing services.
It must be properly drawn up
All wills need to meet a few legal requirements. It’s all set out in the Wills Act 1837, if you’re interested. This is where many DIY wills can come unstuck.
A valid will is:
- Written by someone aged 18 or over
- Made voluntarily and in writing
- Signed by you and two witnesses
In the absence of another will, you’d be classed as dying intestate. The state would then distribute your possessions according to the rules of intestacy, and your final wishes would not apply.
However you write a will, choose your witnesses carefully. They cannot be allowed to benefit from your will in any way.
Witnesses act as proof that the will is genuine if it’s challenged. They’re even more important for impromptu wills.
That’s because it can be difficult to prove that a homemade handwritten will is a genuine final expression of your wishes rather than a few thoughts jotted down. No-one can be entirely sure.
That uncertainty could lead to the will being contested or dismissed, and your witnesses may then need to state that you knew what you were doing when you wrote it.
The Gazette, the UK’s official public record, says holographic wills carry a higher risk of errors and potential complications. Ambiguity, poor wording, spelling mistakes, and unclear punctuation can all create problems and lead to disputes or even a full or partial intestacy.
It shouldn’t be done for high-value estates
If you have property, lots of money, own a business, or possess anything of serious value, you should always use a solicitor or will-writer. It’s just not worth the risk.
You can also use your will to outline guardianship of your children. Nothing’s more valuable than that, so it’s best to put a will in place that leaves no room for doubt.
That napkin probably won’t last
Napkins aren’t known for their durability. They can barely withstand one hard wipe before it’s game over. Over time, air will degrade the material, crumple it, and warp your words, making it an entirely unsuitable surface for will writing. If you’re sticking with a quick handwritten will, at least use a decent sheet of A4.
Wills also need to be properly stored. It’s just like your birth certificate or tax records. You can keep them at home, but if you do, make sure they’re secure. Some solicitors and will-writers also offer storage solutions. A napkin, sheet of toilet roll, or used envelope is much more likely to end up in the bin.
Wills aren’t especially expensive, and they’re much easier to sort out these days. You can even get your witnesses to sign during a video call.
When you’re ready to write your will, The Law Superstore can help you compare solicitors and will-writers to find the right one for you.