When Is A Deathbed Text Message As Good As A Will?

Davina Haydon, a partner in our specialist Inheritance and Trust Disputes team, explores how this question was resolved in a recent High Court probate case.

The recent case of Rahman v Hussain (30 May 2024) has put a fascinating spotlight on the circumstances where you may be able to put an effective Will in place by text message. This is an unusual case involving a legal principle which goes back to Ancient Rome known as ‘donatio mortis causa' which translates as ‘deathbed gifts'.

Facts of the Case

The deceased who sent the text messages was Mr Al Mahmood. He and his wife first met the claimant, Mr Rahman, in 2011 when he was a distant relative of Mr Al Mahmood's who had come to study in London from Bangladesh. Over the years they became close and Mr Rahman and his wife and children were ultimately treated as close family and invited to move in and live with Mr and Mrs Al Mahmood in their house in Mitcham, south London.