I read an article about Max George, singer of The Wanted, who revealed to The Sun Newspaper that he wrote a Will from his hospital bed before having surgery for a heart condition.  Max George told The Sun that he took his phone out and started spelling out what to do with his assets. This article starkly reminded me of the importance of planning ahead and seeking proper advice so that if life takes an unexpected turn, you aren’t scrambling to address legal and financial matters.

In this instance, Max George taking his phone out to make notes in a phone app would not meet the criteria for a valid Will. In the UK, electronic wills, including detailed instructions in a note’s app remain invalid under the law. The current legislation mandates that a Will must be in writing, signed by the testator, and witnessed in the presence of two independent witnesses who also sign the document. If these requirements aren’t met, no matter the exigent circumstances, it is likely to result in the estate being distributed under intestacy rules instead of the Testator (in this case Max)’s own wishes. Max George also lives with his partner Maisie Smith, but they aren’t married which means that under the rules of intestacy she would not be automatically entitled to receive anything from his estate.

Max George’s particular circumstance involved him going in for heart surgery which also carries other potential risks such as temporary incapacitation or unforeseen complications. What Max may not have considered is the importance of also having in place Lasting Powers of Attorney (LPAs). While most operations are successful, it’s essential to plan for every outcome.

An LPA allows you to appoint someone you trust to make decisions on your behalf, with your permission for the Lasting Power of Attorney for Property and Finance, or if you are no longer able to do so for both. There are two types:

• Health and Welfare LPA: Covers medical care, living arrangements, and other personal matters.
• Property and Financial Affairs LPA: Relates to your finances, including bills, investments, and property.

As this situation reminds us, younger adults are not immune to unexpected events like accidents or sudden illnesses. Without LPAs in place, your loved ones might face lengthy legal processes to gain decision-making authority in order to help manage your health and financial affairs.

This story highlights an issue many prefer to avoid: the unpredictability of life. Writing a Will and setting up Lasting Powers of Attorney are often perceived as something to do later in life. However, the story of Max George and his late bandmate Tom Parker, who died in 2020 without a Will shows, life’s uncertainties mean it is always best to be prepared.

Wills are not just for celebrities, the elderly or those with significant wealth. They are vital for anyone with dependents, assets, or specific wishes regarding their estate. From appointing guardians for children to specifying how property should be distributed, a Will ensures that your intentions are honoured.

Our firm specialize in Wills, Lasting Powers of Attorney, Attorney Affairs and Probate, offering guidance tailored to your unique circumstances. We understand that these conversations can be emotionally challenging, but they’re also an important act of love and responsibility. By addressing these matters now, you can spare you and your loved one’s additional stress during difficult times and provide them with the reassurance of knowing your wishes are clear.

Georgia Dellar

The Solicitors Regulation Authority has recently published their findings on a very small thematic review of probate files across all types of legal practice and it evidences lack of supervision being a problem.

The study consisted of a meeting with the head of the firms’ private client teams and at least one legal adviser as well as a review of training records and accounts.

The findings, while seemingly stark, were based on the review of just 30 files across 25 law firms. Still, it will absolutely be enough to cause concern within the wider public. Mayo Wynne Baxter was not one of those firms reviewed.

Mayo Wynne Baxter prides itself on the levels of supervision, guidance and mentoring provided to all members of the Private Client team, whether they are starting out in their careers or leading teams. Our files are reviewed regularly as part of our firm’s accreditations from the point of view of both financial regulation compliance, and the advice provided and progress being made. Corrective action is recorded and time limited and help ensure client expectations and needs are met if not exceeded.

The team also provides an open and honest file amnesty option – the ability for advisors to “hit reset” on files and ask colleagues to help manage them if they feel they need the support. The system is designed to ensure our clients get the best service from us and prevent our advisors from becoming overwhelmed if matters become more complex than initially considered, so there is always a suitably qualified advisor ready to step in and assist for the benefit of our clients.

Our advisors are highly trained in their field, often achieving additional qualifications/accreditations including STEP awards and Association of Lifetime Lawyers membership. Many are recognised as leaders in their field and have years of experience to draw on and assist colleagues.

Our solicitors comply with ongoing continuing competence requirements and record their development needs regularly. They are required to challenge themselves to acquire new skills and undertake training to meet those needs as part of their ongoing personal development.

Our Private Client team were thrilled to win the “Most Client Focused Solicitors 2024 – Sussex” at the Southern Enterprise Awards; Tax and Trusts Team of the year 2024, and Private client Practitioner of the year 2024 from the British Wills and Probate Awards a reflection of the efforts we put into to ensuring clients come first.

So while the message from the SRA is not entirely positive, you can be assured that Mayo Wynne Baxter is ahead of the curve and our team of probate specialists have all they need to support you.