Legal experts have warned against making the same mistake as The Wanted singer Max George after the star revealed he had to make a heartbreaking decision before undergoing surgery. The Wanted star Max said he was preparing for his own death from his hospital bed, convinced he would die before receiving lifesaving surgery to have a pacemaker fitted.
The 36-year-old shared the terror he felt after doctors discovered an irregularity with his heart. He said: “If I could go from being absolutely on top of the world to being told ‘the bottom part of your heart isn’t working’, I kept thinking in my head, ‘Well, what if the top half stops working overnight?’”
To add to his fears, he said he was by far the youngest patient on his ward, surrounded by patients at least three decades older. He said he thought of his girlfriend, actress Maisie Smith, 23, and his family and what would happen if the worst occurred.
“That first night I wrote a will, I thought I was going to die,” the 36-year-old musician said. “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.”
He said he took out his iPhone and wrote out his will, detailing what to do with his assets in case he did not make it.
The former Strictly Come Dancing star told The Sun that December 13 was the day he thought would be his last, as his heart rate and blood pressure dropped simultaneously. “It was quite close that night, it really felt like my neck was closing up and that’s when the sort of panic really kicked in. I felt like I was dying. It was the worst, I felt emotional,” he said.
But legal experts atHiggs LLPare raising alarms about the dangers of drafting a will this way, despite the traumatic circumstances.Craig Ridge, Partner and Head ofContentious ProbateatHiggs LLP, said:“Research shows that over half of adults have not written a will, and many are not actively working on one. This can lead to significant complications in managing assets and finances after death, potentially causing family disputes and increasing the risk that your wishes for your estate may not be honoured
“Max George’s bandmate, Tom Parker was in a similar position when it came to his will. Parker tragically passed away from cancer in 2022 after an 18-month battle and had not made a valid will. Despite his untimely passing, Parker’s marriage to his wife, Kelsey, at least ensured that part of his estate was automatically inherited by her, as UK law recognises the rights of a surviving spouse, although even this may not have reflected precisely what his wishes were.
“However, Tom’s bandmate, Max George, is in an even more precarious position. While he shares a long-term relationship with his partner, Maisie Smith, the couple are not married. Without a formalised will, Max’s partner would not automatically inherit his estate, if indeed that were what he wanted. In addition, if Maisie relied on Max financially and proper financial provision had not been made for her she would most likely need to claim against his estate. In short, Max’s wishes might not have been addressed, even though they were written on his phone and, worse still, litigation might have followed as a result.
“A legally binding will must meet specific formal requirements, which are not guaranteed when drafting on a smartphone. Under UK law, a valid will must be signed by the testator in the presence of two independent witnesses, who must also sign the document. Simply writing a will on a mobile device fails to satisfy these requirements.
“Drafting a will is best entrusted to professionals because the law makes it surprisingly easy to make critical mistakes. A qualified legal expert or professional will writer ensures your will’s validity and provides advice tailored to your circumstances. They can also help protect your estate by reducing the likelihood of successful claims against it. Most importantly, a professional ensures your will reflects your true intentions, safeguarding your assets and minimising risks.
“While it’s understandable that someone in a moment of uncertainty may attempt to document their wishes quickly, doing so on a smartphone would result in an invalid will.
“Without a valid will, the law dictates who inherits your estate, often in ways that might not reflect your personal wishes. In the case of Max George, while he may have documented his wishes on his phone, without formalising them legally, his estate would be divided according to the rules of intestacy –rules in place to determine who inherits a person’s estate when no will is present.
“When the law determines who inherits your estate, this can exclude partners, stepchildren, or other important people in your life. For example, under the rules of intestacy, a long-term partner who is not married to the deceased would not automatically inherit their estate. This could mean that loved ones are left without the inheritance they may have expected.
“No matter how clearly you express your wishes informally, without a legally valid will, they will not necessarily be binding. This could lead to outcomes that do not reflect your intentions. To ensure your wishes are followed after your death, it is essential to write a legally valid will. By consulting a legal expert and drafting a valid will, individuals can ensure their estate is divided according to their wishes.”