Recently, there has been a lot of news coverage on the story that Max George (who is most commonly known for being a member of the boyband The Wanted), wrote a Will on his mobile phone moments before undergoing heart surgery. While this action may have been made in a moment of panic or fear, it raises an important legal question: Is a hastily written Will like Max’s legally valid?
At first glance, writing a Will on a mobile phone may seem like a practical and quick solution especially in difficult circumstances. After all, we live in a digital age where we can complete almost any task via our phones in an instant. However, under the Law of England and Wales there are validity rules in place that govern when a Will is legally binding, and unfortunately, more often than not those written hastily without proper legal consideration are likely to fall short of these validity requirements.
A valid Will must be in writing and signed in the presence of two independent witnesses who must also sign the document in the presence of the person who is making the Will (also known as the testator).
The Risks of a Panic Will
While it’s understandable that in moments of uncertainty, such as before an operation, individuals may feel the need to make quick decisions about their estate, the reality is that a “panic Will” can cause more harm than good. A hastily written document, whether on a mobile phone, napkin, or piece of scrap paper, is prone to errors or misunderstandings about the testator’s true wishes and the legal principles that surround Will preparation.
In Max George’s case, it’s crucial to note that a note typed on your phone (or any informal record) is unlikely to meet the formal requirements of a valid Will.
BLOG: What Happens if my Will is Found to be Invalid
Making a Will is one of those tasks that often gets overlooked, however the importance of having a Will is clear. Without a Will, your assets will be distributed following the rules of intestacy which might mean that your assets are passed to someone who you may not have chosen. However, whilst having a Will is important, having a valid Will is paramount!
A Blog by Joanne Gibson
What Happens If a Will Is Invalid?
If a Will does not meet the legal requirements, it will not be valid. In such cases, the estate may be dealt with according to the Intestacy Rules, where the law will determine who inherits from your estate, when you die without a valid Will in place. The rules may not reflect the individual’s wishes, as the intestacy rules do not make provision for unmarried partners or step-children and potentially other important people in a testator’s life.
Additionally, if there is any dispute over the validity of a “panic Will,” it could result in costly and lengthy legal battles for the estate and beneficiaries.
What Can You Do to Avoid a “Panic Will”?
To ensure that your wishes are fully respected, it’s always best to consult with a qualified solicitor when drafting your Will. A solicitor will ensure that all legal requirements are met, your testamentary wishes are discussed, and advice given to your specific circumstances and that your Will is properly executed.
As a team at Thornton Jones, we are always happy to discuss with our clients how we can alleviate any immediate worry or concerns by attending on clients not just at our offices but also in their homes or even at their hospital bedsides to make a Will. Especially if it needs to be done urgently, if sadly, a client is close to passing away. Putting in place a Will is such an important job at a critically important time. So if you ever find yourself in a situation where you need to update your Will in a hurry (such as before an operation), it’s crucial that you don’t rely on informal methods like mobile phones or handwritten notes without witnesses. Instead, try to contact a solicitor or legal advisor who can help you make sure that any Will or amendments to an existing Will are legally sound and don’t fall short of the validity requirements.
Conclusion
Max George’s decision to write a Will on his mobile phone in a moment of stress highlights a growing trend where people look for quick fixes for complex legal issues. However, it’s important to remember that Wills are not something to be rushed without professional legal advice.
A legally valid Will is so much more than a document, it is peace of mind.
The Rules of Intestacy determine how a person’s estate is distributed if they die without a valid will. Under these rules, only spouses, civil partners, and close relatives (children, grandchildren, parents, and siblings) can inherit. Unmarried partners and friends are not entitled to anything. The specific distribution depends on the size of the estate and the surviving relatives.
A will must be witnessed by two independent adults who are present when the will is signed. Witnesses must not be beneficiaries or the spouse/civil partner of a beneficiary; otherwise, they forfeit their inheritance under the will. The witnesses must be over 18 and of sound mind.
To avoid mistakes, it’s advisable to seek professional legal advice when drafting your Will. A solicitor experienced in Will writing can ensure the document is legally sound and clearly expresses your intentions. They will ensure the necessary formalities are met, such as proper witnessing, and that the language used is clear and unambiguous. Additionally, regular reviews and updates of your Will are important, especially when there are significant life changes, such as marriage, divorce, or the birth of children.
Want to make a Will? Call us today.
Our team at Thornton Jones is here to assist. If you need help and advice with making or updating a Will then call us today.
☎️ Call our Wakefield office on 01924 290 029
☎️ Call our Garforth office on 0113 246 4423
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The content of this blog post is for information only and does not constitute formal legal advice and should not be relied upon as advice. Thornton Jones Solicitors Limited accepts no liability for any such reliance upon this content. Where the post includes links to external websites, Thornton Jones Solicitors Limited accepts no responsibility for the content of such sites. Any link to a third-party website should not be construed as endorsement by Thornton Jones Solicitors Limited of any content, products or services which are outside our direct control.
