Writing your will on your phone: Why you should get professional advice

By Sandra Kowalska, Sharon Woodward

Published January 20, 2025In: Contentious Probate

When The Wanted's Max George recently shared that he wrote his final wishes on his phone while in hospital, it caught the attention of many. At just 36, Max faced a health scare and wanted to ensure his loved ones would know his intentions. Thankfully, he recovered, but his story highlights an important issue: what makes a will valid in England and Wales?

Unfortunately, jotting down your wishes on a phone or other informal method doesn't meet the legal requirements of making a will. While it's natural to want to act quickly in a crisis, informal wills can lead to misunderstandings, family disputes, and lengthy legal battles.

What makes a will legally valid?

In England and Wales, strict rules govern how a will must be made to ensure it is legally binding:

It must be in writing. A handwritten or printed document is required.
You must sign it. Your signature confirms that the will reflects your intentions.
Two independent people must witness it. They must be present when you sign and must also sign in your presence and the presence of one another.

If any of these steps aren't followed, the will may not be valid.

Why "DIY" wills can lead to problems

Writing your will on your phone or creating an informal document can cause significant problems for your loved ones. When a will doesn't comply with legal formalities, it can result in contested probate cases, where the will's validity is challenged, or disputes over how an estate should be managed.

Sandra Kowalska, our contentious probate solicitor frequently sees the consequences of these situations. Sandra commented: "Families are often left torn and disappointed when a loved one's expression of wishes doesn't meet the legal requirements for a valid will. These situations can lead to costly and avoidable disputes that cause stress for everyone involved."

Some media coverage surrounding Max George's story has implied that writing a will on a phone might be valid. This is not the case under current law in England and Wales, and such claims risk creating confusion.

While Max's intentions were admirable, his story demonstrates the importance of planning ahead and ensuring your will is legally sound.

Challenging a will

Some of the common reasons for contesting a will include:

Concerns that the deceased did not have the capacity to make a will.
Allegations of undue influence or coercion.
Issues with the contents or execution of the will.
The deceased did not know or approve of the contents of the will they signed.

Making a legally valid will with the help of a professional ensures your wishes are clear and enforceable. It also helps prevent disputes and unnecessary legal challenges, saving your family time, money, and stress.

If you're considering challenging a will and wish to know your options, our experienced team is here to help. We can guide you through the process, clarify your options, and provide the expert advice you need to proceed with confidence.

Get in touch

At Switalskis, we're here to help you plan for the future and support you through any challenges that may arise. Whether you need assistance drafting a will or are facing a contested probate issue , our team has the expertise to guide you.