Can an unsigned will be valid?

An unsigned will or an informal will does not comply with the requirements of a Legal Will.

When is an unsigned will considered valid?

Under law, a valid will must be in writing, on material such as paper, signed by the Testator and witnessed by 2 independent individuals.

However - if there is an unsigned will, and it can be established that it was the intention of the person to register it as their legal will, before they died, then there are legal avenues that can be pursued to have it recognised as the person’s will.

An executor cannot finalise a deceased person’s estate without the Supreme Court granting Probate.

In circumstances of an unsigned will, a special application needs to be made to the Supreme Court to determine whether it can be accepted as a valid will.

The Court would need to assess whether it can be established that the directions of the unsigned will were the deceased’s intentions and why they failed to sign the draft will.

There might be witnesses who can say what the deceased intended.

Courts do try to do justice to the deceased and carry out their wishes.

Unsigned Wills in the digital age

In some circumstances, the Courts have accepted digital recordings as valid wills such as digital videos, mobile phone notes or a text message. While this method is NOT recommended, it can be used to demonstrate testamentary intention and legal arguments in unorthodox times.

However, it is always best to have a will drawn up by a lawyer, so that all the legal technicalities are properly addressed.

Having a will reduces the risk of a successful challenge after your death and ensures that your assets go to your beneficiaries.