Pop star made a will before major operation - but was it valid?

In a candid revelation, The Wanted's Max George disclosed that he hastily composed his will on his iPhone from a hospital bed, fearing for his life before undergoing emergency heart surgery. While his proactive approach underscores the importance of estate planning, such a digital note would not meet the legal criteria for a valid will in England and Wales.

Pop star Max George has described how he made his will on his iPhone just before undergoing a lifesaving operation to have a pacemaker fitted. Thankfully, the operation was a complete success, and he is now in good health. Max, who has also appeared on Strictly Come Dancing, said he thought of his girlfriend, actress Maisie Smith, 23, and his family and what would happen if the worst occurred.

He told the Daily Mail: “That first night I wrote a will, I thought I was going to die. When you get told that, you really realise what your responsibilities are. I’ve got a partner, Maisie, I’ve got a family. I’ve got two little nephews and all of that stuff really comes to the front of it all.”

It’s good that Max finally realised the benefit of making a will but his notes on his iPhone would not have been enough to qualify as valid will. There are strict legal requirements to ensure a will is acceptable in law, including being in writing and signed in the presence of two independent witnesses.

Like Max, many people neglect to make a will while they are in good health and many fail to make a will at all, causing major problems for their families. More than half the adults in the UK have not made a will.

Under English law, dying without making a will – known as dying intestate – can have significant implications for how a person's estate is distributed. Without a valid will, the estate is divided according to the rules of intestacy, which prioritise close family members but may not reflect the deceased’s personal wishes.

Under these rules, spouses or civil partners inherit first, followed by children, grandchildren, or other direct descendants. If there is no surviving spouse or descendants, the estate passes to parents, siblings, or more distant relatives.

Crucially, unmarried partners, stepchildren, friends, and charities are not entitled to inherit under intestacy rules, no matter how close their relationship to the deceased.

This legal framework can lead to unintended outcomes. For instance, if Max had died without a valid will, Maisie, as his girlfriend but not his spouse, would not have been entitled to inherit anything. Instead, his estate would have gone to his next of kin under the intestacy hierarchy. Such situations often result in disputes or financial difficulties for loved ones left behind.

Additionally, intestacy rules offer no guidance on guardianship for minor children, which can leave families in uncertainty or result in decisions being made by the courts. This highlights the importance of making a valid will to ensure that both financial and personal matters are addressed in line with an individual’s wishes.

Making a will allows individuals to tailor their estate plans, protect loved ones, and reduce potential conflicts. As Max’s story illustrates, writing a will can bring peace of mind, ensuring that responsibilities to family and loved ones are met.

For lasting security, consult your solicitor to ensure all legal formalities are met.

Please contact us if you would like more information about the issues raised in this article or any aspect of Wills and Probate on 020 8290 0333 or email info@judge-priestley.co.uk.

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