Modern technology in recent years has changed our lives in so many respects. Having access to the internet on our phone means we can do all our banking, shopping, ‘to do’ lists and communicating at a time that suits us.
Last October, the Queensland Court in Australia delivered a decision that a Will written on an iPhone ‘Notes’ app was valid . The deceased’s alleged Will was composed of a number of notes stored on his phone which disposed of his property upon his death and provided for its distribution at a time when the deceased was plainly contemplating his imminent death.
As in England and Wales, one of the historical and fundamental requirements of making a Will in Queensland is that in order for a Will to be valid, it must be signed in the presence of two witnesses. Despite this not being done, the Australian Court had discretion to declare that the Will was valid even though it did not meet the technical requirements to be valid under the legislation.
The courts in this country do not have the same discretion and unless the Will meets all the requirements of the Wills Act 1837 then it will not be valid.
Technology has moved on at such a pace and it would be easy to think that we can express our final wishes informally but we cannot. Let us help you draw up your Will and guide you through the process of getting it validly signed.