Max George’s last-minute will raises concerns: Legal expert warns against drafting wills on smartphones

Max George, The Wanted star, has recently discussed his diagnosis of a 2:1 block in his heart, telling The Sun “I thought I was going to die” [1]. Reports have also discussed Max George’s decision, during this trauma, to write his will from his hospital bed using his phone.

However, Craig Ridge, Partner and Head of Contentious Probate at Higgs LLP, is offering a crucial reminder to the public about the risks and legal implications of drafting a will on a mobile device. Ridge emphasises the importance of making a legally valid will at the earliest opportunity.

Over half of UK adults don’t have a will
“Research shows that over half of adults have not written a will, and many are not actively working on one [2]. This can lead to significant complications in managing assets and finances after death, potentially causing family disputes and increasing the risk that your wishes for your estate may not be honoured.”

Max George’s bandmate, Tom Parker, died without writing a will
“Max George’s bandmate, Tom Parker was in a similar position when it came to his will. Parker tragically passed away from cancer in 2022 after an 18-month battle and had not made a valid will. Despite his untimely passing, Parker’s marriage to his wife, Kelsey, at least ensured that part of his estate was automatically inherited by her, as UK law recognises the rights of a surviving spouse, although even this may not have reflected precisely what his wishes were.

“However, Tom’s bandmate, Max George, is in an even more precarious position. While he shares a long-term relationship with his partner, Maisie Smith, the couple are not married. Without a formalised will, Max’s partner would not automatically inherit his estate, if indeed that were what he wanted. In addition, if Maisie relied on Max financially and proper financial provision had not been made for her she would most likely need to claim against his estate. In short, Max’s wishes might not have been addressed, even though they were written on his phone and, worse still, litigation might have followed as a result.”

Why aren’t wills written on a smartphone legal?

“A legally binding will must meet specific formal requirements, which are not guaranteed when drafting on a smartphone. Under UK law, a valid will must be signed by the testator in the presence of two independent witnesses, who must also sign the document. Simply writing a will on a mobile device fails to satisfy these requirements.

“Drafting a will is best entrusted to professionals because the law makes it surprisingly easy to make critical mistakes. A qualified legal expert or professional will writer ensures your will’s validity and provides advice tailored to your circumstances. They can also help protect your estate by reducing the likelihood of successful claims against it. Most importantly, a professional ensures your will reflects your true intentions, safeguarding your assets and minimising risks.”

Relying on a smartphone to draft a will is fraught with risks, explains legal expert

“While it’s understandable that someone in a moment of uncertainty may attempt to document their wishes quickly, doing so on a smartphone would result in an invalid will.

“Without a valid will, the law dictates who inherits your estate, often in ways that might not reflect your personal wishes. In the case of Max George, while he may have documented his wishes on his phone, without formalising them legally, his estate would be divided according to the rules of intestacy–rules in place to determine who inherits a person’s estate when no will is present.

“When the law determines who inherits your estate, this can exclude partners, stepchildren, or other important people in your life. For example, under the rules of intestacy, a long-term partner who is not married to the deceased would not automatically inherit their estate. This could mean that loved ones are left without the inheritance they may have expected.”

No matter how clearly you express your wishes informally, without a legally valid will, they will not be binding

“No matter how clearly you express your wishes informally, without a legally valid will, they will not necessarily be binding. This could lead to outcomes that do not reflect your intentions. To ensure your wishes are followed after your death, it is essential to write a legally valid will. By consulting a legal expert and drafting a valid will, individuals can ensure their estate is divided according to their wishes.”