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Anita Swift

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Writing your own Will – is it valid?

When you think about a Will or estate planning, people often assume it’s something only the elderly consider.  The recently reported case of ‘The Wanted’ singer Max George (‘Max’) has again highlighted that everyone should consider if their affairs are in order regardless of their age.  Max was aged just 36 when he opened up about his fear of his own mortality, having been admitted to hospital for heart surgery to fit a pacemaker in December 2024. During January 2025, social media was buzzing with reports, including the BBC[1] and Sky News[2], that the singer had made a Will on his phone. This fear and panic spurred him into action but it raises the question: would Max’s mobile phone Will have been legally valid?

The criteria for the valid execution of a Will are defined in Section 9 of the Wills Act 1837[3]. There is more than one way in which this can be achieved, but generally, the Will must be in writing, made by a person over the age of 18 (the ‘Testator’) intending this document to amount to a Will; it must be signed by the Testator (or an agent on their behalf); that signature must be made or acknowledged in the presence of two witnesses present at the same time, and that each of those witnesses must also have signed the Will. Though some flexibility was temporarily added during the COVID-19 pandemic for Wills executed before 31 January 2024, these fundamental principles surrounding the valid execution of a Will still stand.

Therefore, would Max’s phone Will have been legally valid? Thankfully, it never came to pass but if a Will does not meet the legal requirements outlined by law, it will not be valid. This means that the Testator’s wishes will not be honoured and their intentions, no matter how well meaning, will be void, leaving the chosen beneficiaries potentially very disappointed.  This could result in potentially costly and arduous legal disputes involving disgruntled family members and others.

We recommend that you consult and instruct a Solicitor to prepare a suitable Will that validly gives effect to your wishes. As part of this process, you can also be advised upon protections for blended families, underage or disabled beneficiaries, care home fees and Inheritance Tax. To discuss making or updating your Will, please contact our team on 0191 296 1777 or email us at advice@hindle-campbell.co.uk

[1] https://www.bbc.co.uk/news/articles/ckgrnd38ryeo

[2] https://news.sky.com/story/the-wanted-star-max-george-recalls-moment-he-wrote-will-from-hospital-bed-before-heart-surgery-13287692

[3] https://www.legislation.gov.uk/ukpga/Will4and1Vict/7/26/section/9