Who could have contemplated that a will typed on a smartphone in
the early 2000's, unsigned and unwitnessed would be considered
a valid will?
Almost seven years ago, the Queensland Succession Act
was amended to relax the laws relating to formal requirements for
the making of the will, that is, that a will must be in writing and
signed by the will maker in the presence of two or more witnesses.
The changes introduced the "testamentary intention"
test.
And now, the Supreme Court of Queensland in the recent case of
Re Yu has recognised the validity of an electronic
"will" created on an iPhone.
For a will to be valid now, it must be a document and must
embody the will maker's wishes about how their property is to
be divided on their death. In addition, the document must be
intended by the will maker to be a will.
