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Last-Minute Will Change by Mobile Text – Is it a Valid Change?

A man successfully altered his Will via text message hours before his death, a recent High Court ruling reveals.

This unprecedented case has significant implications for estate planning and Will validity.


Will Change

(Read Time: Approx. 2 minutes)

Topics Discussed:

  • How a last-minute text message altered a Will
  • Legal and practical considerations to prevent Will disputes

The Unconventional Will Change

In an extraordinary decision, the High Court has validated a Will altered by a text message sent just hours before the individual’s death.

Al-Hasib Mian Muhammad Abdullah al-Mahmood, a UK resident originally from Bangladesh, made his dying wishes clear through SMS, effectively changing his Will to benefit Masudur Rahman, a relative who had cared for him in his final years.


Background

Mahmood, who had no children, initially drafted a Will in 2015, leaving his £3 million estate to his late wife’s brother and nieces in the US.

Over time, Mahmood became estranged from these relatives, feeling neglected.

Conversely, he grew close to Rahman, who had come to the UK to study and frequently visited Mahmood.

In 2020, after Mahmood’s wife passed away, he planned to update his Will to favour Rahman, but this was never completed.

On October 22, 2020, Mahmood sent a text to his Will writer, Jonathan Amponsah, clearly stating Rahman should inherit everything and act as executor.

Another confirming message was sent to a family friend shortly before Mahmood died the following day.


Legal Battle and Court Decision

The initial beneficiaries contested the validity of the text messages, suspecting foul play.

However, Judge Paul Matthews found the messages to be genuine and upheld them as a valid expression of Mahmood’s final wishes.


Key Takeaways to Avoid Will Disputes

  1. Proper Execution: Ensure Wills are written and signed in the presence of two witnesses. DIY Wills can be valid but may lack clarity, leading to disputes.
  2. Professional Assistance: For complex estates, seek legal advice. A professionally drafted Will, costing around £200, can prevent future conflicts.
  3. Inheritance Act 1975: Even valid Wills can be contested. Relatives dependent on the deceased can claim financial provision from the estate.

Summary

This case underscores the importance of clear and legally sound Will drafting.

It also highlights how last-minute changes, even unconventional ones, can be legally binding if the intent is clear.

Don’t leave your final wishes to chance.

Ensure your estate is distributed according to your desires with a professionally drafted Will.

At Help Me Legal, Saara and her experienced solicitors will help you draft a Will that honours your wishes and complies with all legal requirements.

Contact us today to secure your peace of mind.

Contact us using the form here to know more. Alternatively, call us on 01772 282768, or use our 24/7 WhatsApp line at +447816848188

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