The Importance of Wills and Lasting Powers of Attorney: Lessons from Unexpected Circumstances

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