Wills on the Back of Cigarette Packets?
A recent case has shone some light on informal Wills.
A handwritten and signed diary entry in a notebook stating the writer's desire to leave “my wealthy remains” to one of her sisters has been held a valid will by the Sheriff Court.
The diary entry was viewed as being a clear indication of the deceased’s wishes – it was pointed out that the inclusion of “IT IS MY WISH” offered greater emphasis that these were indeed her wishes.
You might then think that there is no point in putting in place a formal Will – why bother when you can put a signed entry in your diary?
While this case provides some clarity on how a deceased’s final wishes may be expressed informally, it is always best to present them as formally and securely as possible. There is always the risk with an informal Will that it may be lost or ignored. Best practice is to put your wishes in a form that can be easily interpreted and relied upon. It took nearly 3 years post-death for the ‘diary entry’ to be accepted as valid – likely a costly process.
If you are considering whether you need a Will, we can help.
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