Will making and modern technology, such as iPhones and DVDs

The Queensland Supreme Court has recently validated two informal and unconventional wills created using modern technology.

Generally a will that does not comply with the usual formal requirements is not valid, and the Court has discretion in some cases to accept an informal will.

In Re Yu, the Court validated a will written by the deceased on his iPhone, and in Mellino v Wnuk, the Court held that a video recording on a DVD marked 'my will' showing the deceased discussing his wishes constituted a valid will. In both cases, the will makers sadly committed suicide.

However, these cases should not be viewed as an opportunity to create wills via similar means. In Re Yu and Mellino v Wnuk, the Court approved the wills only after careful consideration of the circumstances.