Making a Will on your mobile phone

Posted on January 27, 2025

It’s that time of year when we feel the need to get organised, but decluttering aside some personal financial planning and futureproofing is a good idea whatever time of year and following recent scares about making a Will on a mobile phone in the hospital it’s become headline news.

At Pearson, our professional private client solicitors and legal advisers understand that this can be a confusing and sometimes emotional process, but our aim is to help ease the process and assist you in getting one thing ticked off the January 2025 to-do list.

Writing a Will on a mobile

The Wanted singer Max George recently revealed that whilst in hospital awaiting surgery he was worried he would not survive and needed to look after his closest family and friends so he tried to write a Will on his mobile.

“A potential deathbed Will is something all lawyers are aware of and whilst we do urge clients, no matter what age they are, to get a Will sometimes it’s the last thing on a long list, in this much publicised case the Wills Act 1837 would have prevented the singer having a valid Will,” says Private Client Legal adviser, Lucy Roughley.

“We live in a digital age, you can do almost anything on your phone, we book flights, tickets, holidays, store files and manage our work, but a Will is a legal document and there are various steps to go through to make it valid,” advises Lucy.

Is a Will written on a mobile phone valid?

There are validity rules in place that govern when a Will is legally binding, and a panic Will, also known as a death bed Will can be challenged, lack validity and is not a properly considered action. There are certain formalities which must be complied with for a Will to be valid and these are set out in section 9 of the Wills Act 1837.

“As professional legal advisers we have attended hospital to do a deathbed Will and this is totally different situation, we act in a professional capacity, make sure the document is properly drafted and witnessed and of course we will check capacity,” says Lucy. “Unfortunately, more often than not those written hastily without proper legal consideration are likely to fall short of these validity requirements.”

For your Will to be legally valid, it must:

Be in writing.
Be signed by you, in the presence of two witnesses who are present at the same time.
Be signed by the witnesses in your presence.
You must be over 18 years old and have the mental capacity to make a Will.
You must make it voluntarily, without pressure from others.

Why is it important to make a Will

Making a Will is an important step in ensuring your wishes are carried out after your death and there are specific legal requirements to ensure your Will is valid.

A Will ensures you control your assets, choose beneficiaries and make sure your money, property, and possessions go to the people or causes you choose as these all form part of your estate. You can also appoint guardians for any children under 18.

A valid Will can help to minimise disputes and reduce the likelihood of family disputes or confusion, but also be aware that leaving insufficient provision for dependents can lead to challenges under the Inheritance (Provision for Family and Dependants) Act 1975.

It can also help with any Inheritance Tax planning and ensure your estate is handled in a tax-efficient way.

You will need to appoint executors who are responsible for carrying out your Will after your death and can choose up to four people (e.g., trusted family, friends, or a solicitor) and your legal adviser will help with this.

What to do if you already have a Will

If you have a Will, it is also a good idea to review it and check if it needs updating due to life changes (e.g., marriage, divorce, or new children/grandchildren).
Consider also your digital assets and include instructions for online accounts, social media, and cryptocurrencies.
Check the Inheritance tax threshold and be aware of any financial changes to allowances and thresholds.

“As a young person myself I can see how a Will is not everyone’s priority, but as a legal professional I know just how important it is and don’t want young people to think it does not apply to them.

“I am happy to chat with anyone on the phone, at home where they feel comfortable, or as in some cases in nursing homes and hospitals to help people look after their loved ones,” says Lucy.

How can we help?

For legal advice on making a valid Will, Lasting Powers of Attorney or Estate Planning contact our specialist Private Client Solicitors on 0161 785 3500 or email enquiries@pearsonlegal.co.uk

Please note that the information and opinions contained in this article are not intended to be comprehensive, nor to provide legal advice. No responsibility for its accuracy or correctness is assumed by Pearson Solicitors and Financial Advisers Ltd or any of its members or employees. Professional legal advice should be obtained before taking, or refraining from taking, any action as a result of this article.