28th April 2025 | Rebecca Napier | Private Wealth, Wills, iPhone Wills

Max George, pop star from the Wanted, hit the headlines at the start of the year when he revealed that he wrote his Will on his iPhone, whilst in hospital, and before undergoing emergency heart surgery.

Reflecting on his instructions for his assets, which he left on his phone, he said “that first night I wrote a Will, I thought I was going to die”. 

Although the act of documenting his last wishes, during this traumatic life event, will be understandable to many, it is important to outline that Max’s iPhone Will would not have been a legally binding Will.  Although digital text is technically writing, to have been considered a valid Will, a physical document signed by him and witnesses would have been required.  This will be a surprise for many given our reliance on phones in this digital age. 

The Law Commission is considering the current legislation and whether electronic Wills should be recognised.  However, until any changes take effect, it is essential that a Will is on paper to be legally binding.

Requirements for making a valid Will 

Wills are primarily governed by the Wills Act 1837. Under section 9, no Will is valid unless:

  • it is in writing,
  • signed by the testator, or by some other person in their presence and by their direction;
  • with the intention of giving effect to the Will;
  • Signed in the presence of two witnesses, who are also in the presence of the testator. 

 

You should also be aware that if you need to prepare a Will in another country, for example if you own assets abroad, the requirements for making a valid Will there are likely to be different to the UK requirements.

Implications for an Invalid Will

Following a death where there is no valid Will in place, your estate would pass under the Intestacy Rules, whereby the law will determine who will inherit your estate.  This may result in your assets not passing to those you would wish to benefit, for example, as in Max’s case, long-term partners who are not married to the deceased would not automatically inherit under an intestacy. 

How can Sherrards assist you with your Will 

Max’s story highlights how important it is to ensure you have a valid Will in place.  To avoid being left without a Will, and your wishes not taking effect on your death, we encourage you to contact us at Sherrards.  By consulting with one of our Private Wealth experts, we will assist you in creating a valid Will, specific to your personal circumstances, which will provide security for your loved ones.  

 

If you would like advice on preparing your Will or have questions about the validity of your existing arrangements, our dedicated Private Wealth team at Sherrards is here to help.