For a Will to be validly executed, it must meet certain requirements – eg. it must be signed by two witnesses.
The Court recently had to consider whether a digital note saved on an iPhone by a Mr Colin Peek – a multi-millionaire – was in fact his Will.
If it was his Will, Colin’s estate would be received by a long term friend, his cleaner and his long term solicitor.
If it was not his Will, Colin’s estate would be received by his brother – Colin’s only surviving relative.
Although:
- the digital note was made just days before Colin’s death, shortly after a near fatal medical episode;
- the note was headed “Last Will of Colin L Peek”;
- Colin told his cleaner he had made a Will; and
- Colin had made it known he didn’t want his brother to benefit,
the Court wasn’t satisfied the note was intended by Colin to be his Will.
Several factors influenced the outcome, including:
- the note remained in Colin’s Iphone without being signed or witnessed; and
- significant evidence (texts and emails) had been deleted from the Iphone after Colin’s death.
Colin’s substantial estate was received by his brother.
If you want your wishes carried out, contact us to obtain legal assistance with your estate plan!