If I tattoo my legal will on my back, is it valid?

As we all know, a will is a legal document that outlines how a person wants their affairs or properties handled after their death. A will is a necessary document; without it, distribution of properties becomes problematic.

What happens if someone tattoos this legal document on their body? Will it still be valid? In this write-up, you will find the answer to this question as well as other relevant information relating to wills and how they are executed.

 Answering this question will be anything but straightforward. Considering the fact that wills are vital legal documents and tattoos are a way of life for many people across all walks of life. If you can ink anything on your body, why not your will?

What is a legal will?

A legal will is a formally recognized document that meets the legal requirements of your jurisdiction and ensures your wishes are enforceable after your death.

What makes a will valid?

The core legal requirements for wills in most jurisdictions will help you understand whether or not a tattooed will could ever be enforceable.

Globally, a valid will must meet the following requirements:

• Be written, either handwritten or typed.
• Be signed by the person making the will (testator).
• Be witnessed by at least two people.
• Express clear intent.

These requirements are codified in national laws like the United States Uniform Probate Code, the U.K. Wills Act 1837 and similar laws in Canada, Australia and beyond.

A legal analysis of tattoo wills

One of the requirements of a valid will is that it should be written. You might be wondering, are tattoos not written? Yes, a tattoo involves ink and letters, but it does not count as a valid document in the eyes of the law.

The law requires a will to be on tangible, transferable media like paper and, in some cases, digital formats with encryption. Sorry, human skin does not meet the qualification.

A valid will typically requires a signature. In the traditional sense, a tattooed will cannot be signed. Tattooing the signature onto your own back may not satisfy legal requirements for personal execution. You can’t sign your back by yourself unless you are super flexible.

What about witnesses?

Most wills require at least two people to witness the signing. What if two people watch you get the tattoo? Will that count? Unless the tattooing process is done in the presence of legal witnesses who can attest to the testator’s capacity and intent at the time of “signing” the will, it may not count.

Global jurisdiction differences

In common law countries like the United States, and the United Kingdom, the law has consistently held that unconventional wills, like those written on walls, eggshells or even tattoos, are not valid unless they comply with statutory requirements.

Due to religious and cultural restrictions, tattoos are illegal or heavily regulated in some countries. Imagine tattooing your will on your back in one of these countries.

Oral wills: In rare cases, oral wills are accepted in some jurisdictions. For instance, oral wills are accepted in New York under emergency conditions. Likewise, in India, it applied to soldiers in active duty.

Video: Video-recorded wills can be used to demonstrate intent or fight off claims of undue influence. However, they are not valid unless accompanied by a written and signed version.

Holographic wills

What is a holographic will? It is simply a handwritten will signed by the testator without any witness. These kinds of wills are accepted in countries like Germany, France and the United States.

Can a tattooed will be considered a holographic will? A tattooed will would likely not qualify due to two main reasons. First, the tattoo is not wholly handwritten by the testator. Reason number two: the human skin is not an acceptable writing medium.

In the United States, a holographic will written on the back of a business card was accepted in the case of Estate of Gonzales (2002). Why? The will was handwritten, signed and had a clear intent.  

Legal precedents

As of the time of this write-up, there are no reported cases globally that considers tattooed will legally binding.

The validity of a will does not depend on its creativity or permanence but on whether or not it applies to procedural rules established by law.

Even if you tattoo a will on your back with a clear intent, it still raises critical questions like how it will be signed, witnessed, amended or submitted to the probate court.

 Conclusion

A tattooed will may serve as a symbolic gesture of someone’s final wishes but it will not be legally valid in most jurisdiction. It may be a powerful act of personal expression, but it fails to meet formal requirements for a valid.

Therefore, the long and short answer to the question above is: no, tattooing your will on your back would not be legally valid.

Frequently Asked Questions

What makes a will legally valid?

A valid will must be written and signed by the testator with a clear intent and witnessed by at least two people. The core principles of a valid will are generally consistent across various jurisdictions.

Can you sign a tattooed will?

You cannot sign a tattooed will, especially one at your back. Even if you are super flexible, you cannot see what is written on your back.

Is a tattoo in writing?

Legally, tattoos are not considered as written documents, though they involve ink and letters.

Can a will be valid without witnesses?

Yes, some wills are valid without witness. These kinds of wills are holographic wills. But in the case of holographic wills, it must be handwritten and signed by the testator in order to be legally valid.

Are oral wills considered valid?

In rare cases, oral wills are considered valid under emergency conditions in New York in the United States and for soldiers on active duty in India.

Are video wills considered valid?

Video-recorded wills are not valid unless they are accompanied by a written and signed version.