Max George and the importance of making a valid will

A recent case reported in the media sheds light on the importance of making a valid will, as well as raises the question: should the government make electronic wills legally binding? Our wills, trusts & probate expert shares more.

Max George, the 36-year-old singer from popular boy band The Wanted, recently shared a harrowing experience that emphasises the importance of making a valid will. That is, one that is professionally drafted and legally binding.

In December 2024, Max was hospitalised due to severe heart issues, which led to the fitting of a pacemaker. The singer revealed that during his hospital stay, he felt so unwell that he wrote his wishes for his will on the ‘Notes’ app on his phone from his hospital bed, fearing he might not survive the ordeal.

Doctors discovered that the rhythm of Max’s heart was significantly off, and the signal wasn’t properly reaching the part of his heart responsible for pumping blood. This critical situation highlighted the unpredictability of life and the necessity of being prepared for any eventuality.

Max had lots of reasons to have a valid will in place, such as:

• The nature of his career means he will likely have a multitude of assets, including the royalties generated from the band’s music
• His bandmate Tom Parker died at 33 due to brain cancer. Tom was unable to make a valid will because of his condition, leaving his family to navigate a complex legal situation
• Max has been cohabiting with his partner, Maisie Smith, for two years. Cohabiting unmarried partners are not automatically entitled to inherit from a person’s estate.

Why is this case significant?

For a will to be valid, it must be in writing and signed in the presence of two independent witnesses, who must also sign the document in the testator’s (the person who is making the will) presence. Therefore, the notes on Max’s phone would not have been sufficient to make a legally valid will.

Should the worst have happened, Max’s intentions would not been legally binding. His estate would have been distributed under the intestacy rules, meaning he would have no control over who benefited from his estate, as well as the additional delays and expenses that would be experienced during an already difficult time for his loved ones.

What is the latest position on electronic wills?

The Law Commission are currently considering legal reform on making wills in England & Wales, with proposed changes to include recognising the validity of electronic wills. A draft Bill is expected to be introduced in April 2025, but until any changes come into effect, the position is simple; electronic wills are not considered to be legally valid.

Why is it important to make a valid will?

Max’s experience serves as a poignant reminder of why it is important to have a valid will put in place, regardless of age or health status, as well as not to leave it until it is too late. A valid will ensures that your wishes are recorded, respected and legally enforceable and provides peace of mind for you and your loved ones.

Our wills, trusts & probate experts are here to help, whether you wish to make a new will or review your current will to ensure that your wishes are up to date. Please get in touch with our team who would be happy to assist you.

Our Legal 500-rated wills, trusts & probate team has the expertise to help you plan for the future and guide you through any difficult challenges that may arise, including those relating to valid wills.