For a will to be validly executed, it must meet certain requirements. For example, it must be signed by two witnesses.
The court recently had to consider whether a digital note saved on an iPhone by a Mr Colin Peek – a multi-millionaire – was in fact his will.
If it was his will, Colin’s $13 million estate would be received by a long-term friend, his cleaner and his long-term solicitor.
If it was not his will, Colin’s estate would be received by his brother – Colin’s only surviving relative.
The court wasn’t satisfied the note was intended by Colin to be his will, although the digital note was made just days before Colin’s death, shortly after a near-fatal medical episode.
The note was also headed ‘Last Will of Colin L Peek’; he had told his cleaner he had made a will; and he had made it known he didn’t want his brother to benefit.
Several factors influenced the outcome, including that the note remained in Colin’s iPhone without being signed or witnessed; and significant evidence (texts and emails) had been deleted from the iPhone after Colin’s death.
Colin’s substantial estate was received by his brother.
If you want your wishes carried out, obtain legal assistance with your estate plan.
Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au
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