Max George, former member of The Wanted, was in the news recently for attempting to write his Will on his iPhone while in hospital. Whilst people may think, “At least he’s getting his affairs in order,” unfortunately, good intentions don’t hold up in court. A Will written on a smartphone simply isn’t valid under the current legal framework.
Why isn’t a Will written on a phone valid?
Let’s dive into why Max’s iPhone Will wouldn’t work. The law surrounding Wills in England and Wales is governed by section 9 of the Wills Act 1837. Yes, you read that right - 1837! Under this law, for a Will to be valid, it must:
- Be in writing;
- Be signed by the testator (or by someone else in their presence and at their direction);
- Be made with the intention of creating a Will; and
- Be signed in the presence of two witnesses, who must also sign the Will in the presence of the testator.
Typing a note on your phone and calling it a Will doesn’t cut it. While technology has transformed nearly every other aspect of our lives, the law around Wills has been left in the past. It’s frustrating, especially when you consider how many people rely on digital tools to manage their lives.
Will the law ever change to allow digital Wills?
The Law Commission is currently reviewing the outdated legislation, and I think it’s about time! In a 2023 consultation paper, the Commission proposed modernising the law to better reflect today’s realities.
Some of the ideas on the table include:
- Recognising electronic Wills;
- Simplifying the legal requirements so more people can access Will-making without unnecessary barriers;
- Strengthening protections to prevent fraud and undue influence.
A final report and draft bill are expected in April and I’m optimistic that these changes could make a real difference, as a law written in 1837 isn’t exactly equipped to deal with smartphones and cloud storage!
Why is it so important to have a valid Will?
Max’s story is a reminder of why having a valid Will is so important. This isn’t even the first time The Wanted has been connected to conversations about estate planning. Max’s bandmate, Tom Parker, tragically passed away in 2022 at just 33 years old, leaving behind a young family. It’s heartbreaking to think of the challenges his loved ones might have faced if his estate planning hadn’t been in order.
Max’s situation highlights how easy it is to overlook the finer details of creating a legally binding Will. The reality is, if your Will doesn’t meet the legal requirements, your estate will be distributed according to the rules of intestacy (or in accordance with your last valid Will). This could mean your assets don’t go where you want them to, leaving loved ones without the support you intended to provide.
How can Roythornes help you with your Will?
I know thinking about Wills and estate planning can feel daunting, but it’s one of the most important things you can do to protect your family and your wishes. At Roythornes Solicitors, our Private Client team is here to make the process straightforward and stress-free. Whether you’re creating a new Will or updating an existing one, we’ll guide you every step of the way.
If Max’s story has got you thinking, why not act today? Get in touch with our team, we’d love to help you get everything sorted, so you can have peace of mind knowing your loved ones are protected.