IN BRIEF
The Early Romans had a curious way of making their wills. A
Roman would walk into a public space and declare his or her
testamentary intention by spoken word in front of at least seven
witnesses. Over time the Romans recognised the risk of leaving the
wishes of the deceased to the memory of the living. Oral wills were
abolished and it was ordered that a person's testamentary
intention must be put down in writing. This requirement endured for
over 2000 years.
Though in recent times Courts have upheld different
'informal wills'. On 7 August 2015, the Supreme Court of
New South Wales admitted to probate a DVD recording of a woman
declaring her testamentary intention. It is the first time a DVD
has been admitted to probate in New South Wales. In this article,
we look at the rationale behind the Court's judgement and we
tell you why, despite the decision, you still shouldn't rush to
the video camera to record your will.
