Albeit slower than other sectors of the community, it would appear that the Courts are beginning to embrace recent technology. A case in point is Mellino v Wnuk & Ors, sadly in this instance immediately prior to his suicide Mr Wnuk produced a DVD as his last will and testament.
The Queensland Supreme Court was ask to determine whether the audio and visual recordings made by the deceased on a DVD was his Will pursuant to s18 of the Succession Act 1981 (Qld). This same Court has also probated a will on an iPhone and the Victorian Court has probated a will recorded via a webcam in the recent past.
The court found in the Mellino v Wnuk & Ors case that the three requisite elements had been satisfied, namely that:
- the DVD was considered to be a ‘document’;
- the clear intention of the document was that it articulated the deceased’s testamentary intentions; and
- the DVD adequately dealt with all property owned by the deceased at the date of his death.
Whilst it is inevitable that technology has and will continue to impact the Law in all aspects, the use of technology when putting together a Will is only one consideration amongst many issues that need to be taken into account. Having a Will that is valid, up-to date and clearly reflects your testamentary wishes (in order to help mitigate the risk of the Will being contested) is important for yourself and all of the loved ones you leave behind. Please contact Havilah Legal to assist with any of your Estate Planning requirements.
