Wills and probate departments across the land will have dreaded the week ahead after the Sun on Sunday ran with a legally-challenged headline on its front page.
The newspaper reported on Max George, a member of pop band The Wanted, making rushed plans ahead of an emergency heart operation. The headline: ‘I made my will on phone before op’.
The article itself, as well as stating that George is thankfully recovering, did not actually suggest that this iPhone document was legally binding, but lawyers were still keen to make sure people were not misled.
Kayleigh Brown, a partner with Leicestershire firm Wilson Browne, pointed out that the potential for misinformation was huge and stressed that a valid will must still be signed and witnessed by at least two people. ‘You cannot make a Will on your iPhone,’ she said. ‘Nor can you make it on a Nokia, Samsung, BlackBerry – in fact, if you want a valid Will, stay away from the smartphone.’
But could George and anyone else making panicked legacy decisions be ahead of the curve? The Law Commission will reveal its proposals for wills reform in April, with the possibility that the current protocol may be relaxed when the evidence suggests this is what the deceased wanted.
Ian Bond, Law Society wills and equity committee member, stressed that while George’s attempt was not a legally binding document, that may change in time. ‘It will be interesting to look at the situation again once the Law Commission report is published,’ said Bond. ‘The potential for a judicial dispensing power to remove the formalities to make a will, might just have allowed his “notes” to stand.’
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