The Wanted’s Max George Wrote His Will on His iPhone – Is It Valid?

You may have seen it circulating in the news recently that The Wanted singer Max George wrote his Will on his iPhone whilst awaiting heart surgery to fit a pacemaker.

Certain events occur throughout the course of our lives which makes the creation of a Will necessary. For example, buying your first home, getting married and having children, as well as more unfortunate circumstances such as deteriorating health and old age. The thought that you can make a Will in such simple steps may lead to you reaching for your phone to open your notes app and start detailing what you want to happen to your assets in the event of your death. However, as is usually the case with legal affairs, things are not always as clear cut as they may first appear.

You may often hear that the only two certainties in life are death and taxes. Therefore, it is more important than ever to have the reassurance that your estate will be dealt with in accordance with your wishes.

What is Required for a Will to be Valid?

The validity of a Will is currently governed by Section 9 of the Wills Act 1937.  The legislation sets out that in order for a Will to be valid, there are four requirements which must be satisfied:

For a Will to be valid, it must be in writing. Whilst it does not necessarily matter what surface the Will is written on, as case law has dictated that a cigarette packet or an eggshell may sometimes suffice, the Will must be physical. This means that a Will that has been written and stored on say an iPhone (like in the case of Max George highlighted in the press) will not be valid. Considering that the law governing the validity of Wills predates the coronation of Queen Victoria, it is not surprising that it does not meet the demands and expectations of the modern world. 

If you do not have a valid Will in place, your estate will be dealt with by the rules of intestacy i.e. distributed amongst your closest living relatives. There is the common assumption that a surviving spouse will inherit everything. However, they may only receive a fixed amount, with the rest of your estate split between your children.

Will the Law Change?

Whilst the law changes all the time, the law surrounding Wills has not changed for the last 187 years. The Law Commission is considering the current legislation and whether it needs to be changed to recognise the validity of electronic Wills. However, until a new law is enacted to this effect it is imperative that shortcuts are not taken, as your estate could be distributed in a way that you would not have chosen.

How Pinney Talfourd Can Help You

Pinney Talfourd has a team of experts experienced in the complex drafting and creation of Wills. A solicitor will be able to guide you through the creation of the Will, highlight important points to consider such as the appointment of guardians for minor children, ensure that people do not benefit from your estate that you do not want to, take into consideration any potential issues that could lead to your Will being disputed and deal with the complex signing requirements.

If you wish to draft a Will or even update your Will, our team are here to assist. In the first instance, please call 01708 229 444 or email wills@pinneytalfourd.co.uk