Is a Will written on an iPhone legally binding?

Boyband royalty Max George has hit the headlines again this week as he continues to detail his ongoing health battle following emergency heart surgery last month.

George, 36, spoke candidly in an interview with The Sun newspaper about “how he feared he would die” during heart-block surgery in December. The singer-turned-reality star was so worried that he wouldn’t wake up from surgery that he decided to pen his Will on his iPhone in the days before undergoing the treatment.

Max’s surgery was a success, and he is now recovering at home with his family and girlfriend, Eastenders and pantomime star Maisie Williams. However, his interview with The Sun has sparked conversation on the legitimacy of a “Will” written on a Notes app on a phone. Would his wishes have been followed, and his assets shared as specified in his iPhone notes, in the absence of an official Will document?

We asked our Head of Private Client, Hazel Johnson, to give her take on the story.

“To be formally valid in Scotland, a Will should be in written form. The Will should be signed at the foot of every page and on the last page in wet ink, and in the presence of one witness. It should also be dated and with the place of signing added.”

“A will does not have to be prepared by a solicitor. However, if prepared by a suitably qualified and experienced solicitor, it is much more likely to withstand any challenge by anyone who does not agree with its provisions.”

“Homemade Wills are often ambiguous and can cause problems which resulting in court actions, which can cause delays and significant expense to the estate.”

With that in mind, we can all agree that the motto of this story is to get your Will sorted sooner rather than later. Don’t write your Will on your iPhone. Call Watermans for straightforward estate planning advice.