The Rise of Digital Wills

The digital age has given has created an entirely new set of complications to the interpretation of Wills - Wills composed on computers, smartphones and webcams are now being accepted by courts as valid documents.

More and more disputes are appearing in courts which concern informal Wills being left on digital devices.

The Supreme Court of NSW was the first to accept an informal digital Will in the case of the celebrity restaurant owner Daniel Yazbek. Mr Yazbek left a will in a Word document on his laptop before his death in 2010.

Mr Yazbek committed suicide and, after his death, his brother took his parents Ghosn and Mouna to court. He claimed that the Will left on Daniel's computer should be upheld - even though it did not have the required signature and two witnesses.

The Will itself divided his estate between his parents and his seven siblings. The Will was verified as authentic by a forensic computer expert. The expert provided evidence that the computer was indeed password-protected and that Daniel was the only one who could have created, edited or even accessed the Will.

Mr Yazbek's parents sought to argue that the digital Will was merely a draft and that their son thus died intestate. However, the court deemed it to be a valid will. This was as a result of compelling evidence that Daniel created it and intended it to convey his final wishes.

He had informed others about the Will, he had titled it ''Will'' and also he used language which indicated it was intended to be read after his death.

Subsequent to this decision, a Queensland court upheld a will typed in the ''notes'' app of an iPhone and in Victoria, webcam recordings were also accepted. Barrister Ramena Kako said:

''[These cases] are setting a precedent that a will doesn't have to be a traditional written document on a piece of paper,'' ''And that in this digital age, people are using other means of setting out their testamentary intentions, and courts are prepared to recognise those modern forms of wills.''

However, the NSW Trustee and Guardian, (which lodges 15,000 applications for Wills a year) claims that digital wills are still not very common. Trustee and Guardian solicitor, Jill Day said;

''It becomes very expensive to try to prove that these documents are wills.You need to have a lot of expert evidence and there's always an element of doubt because they're often created with the intention of just being preparatory documents.''

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If you are thinking of contesting, making or updating a Will, then it is important to seek expert legal advice as quickly as possible. Contact Szabo & Associates Solicitors today and speak with one of our specialist solicitors. Call us on (02) 9281-5088 or fill in the contact form to the right of this page.