Digital Wills: A New Frontier in Estate Planning

Digital technology has revolutionised nearly every aspect of our lives in recent years, and estate planning is no exception. The case of Colin Peek, a property developer who passed away in August 2022, highlights the growing trend of digital wills and the legal challenges they pose. Our Sydney & NSW will writing lawyers at Szabo & Associates Solicitors can help ensure that your will, whether digital or traditional, meets all legal requirements and is properly executed to avoid potential disputes or complications after your death.

What is a Digital Will?

A digital or electronic will is a testamentary document created, executed, and stored electronically. It can take various forms, such as a file on a computer, a note in an app, or a document stored in the cloud.

In Colin Peek’s case, his will was found in the “Notes” app on his iPhone just days after his death. The note, titled “the last will of Colin L Peek,” outlined how his estate should be divided, naming specific beneficiaries and even detailing personal possessions like cars.

While digital wills are not new, they remain largely unrecognised under Australian law, particularly in formal probate proceedings. The case of Peek’s estate highlights the uncertainty over whether digital wills can be legally binding, especially when they do not follow the traditional format or formalities required by the Succession Act 2006.

The Legal Challenges of the Peek Case

A key issue in the Peek case is whether the digital note qualifies as a valid will. The note, found by Peter Dawson and others shortly after Peek’s death, names beneficiaries, including Dawson, but its legality is contested in the New South Wales Supreme Court.

Peek’s family argues that the note is a draft or working document, citing incomplete words and a lack of communication with the estate’s executor. They suggest that Peek’s failure to inform others about the note means it should not be considered his final will.

Meanwhile, the beneficiaries argue that the note should be recognised as a valid will, given its title, clear instructions, and electronic signature. This dispute raises broader questions about how courts will treat digital wills as technology and estate planning continue to evolve. As technology evolves, legal frameworks must adapt and address these new forms of estate planning.

The Future of Digital Wills

The outcome of this case could set a crucial precedent for the validity of digital wills in NSW and beyond. If Justice Mark Richmond recognises the digital note as a binding will, it may lead to broader acceptance of electronic wills in Australia. However, to be legally valid, digital wills will need to meet strict criteria, including proper authentication, clear intentions, and ideally, witness statements or digital signatures.

Best Practices for Creating a Digital Will

To ensure the validity of your digital will, consider these best practices:

• Consult with our experienced estate planning lawyers to understand the legal requirements in your jurisdiction.
• Store your digital will on a secure platform with strong encryption.
• Update your will as your circumstances change.
• Communicate your intentions to beneficiaries and provide access details.
• Appoint someone trusted to manage your digital assets.

Contact Szabo & Associates

Digital wills offer convenience and flexibility for those who prefer managing their affairs electronically. However, as the Peek case shows, significant legal challenges remain before they can be fully accepted. This case will be a valuable learning experience for both legal professionals and individuals considering digital estate planning.

If you are contemplating creating a digital will, contact us to ensure it is legally valid and properly executed, whether digital or traditional.