iPhone = “document’ for Will

Re: Yu [2013] QSC 322

 

JUDGE: Peter Lyons J 
ORDER: I make an order in terms of the draft. 
CATCHWORDS: SUCCESSION – MAKING OF A WILL – EXECUTION – INFORMAL DOCUMENT INTENDED TO BE WILL –MEANING OF “DOCUMENT” – where the deceased took his own life – where shortly before he died he created a series of documents on his iPhone – where an application has been made for a declaration that the electronic document is the Will of the deceased and that it be admitted to probate – whether something created and stored on an iPhone is a “document” for the purposes of s 18 of the Succession Act 1981 (Qld)

SUCCESSION – MAKING OF A WILL – EXECUTION – INFORMAL DOCUMENT INTENDED TO BE WILL – GENERALLY – where the document commenced with the words “This is the last Will and Testament…” of the deceased – where the document dealt with the whole of the deceased’s property – where the document demonstrated an intention to appoint Mr Jason Yu as the executor under the document – where the document authorised the executor to deal with the deceased’s affairs in the event of his death – whether the document purports to state the testamentary intentions of the testator – whether the deceased intended the document to form his Will

 

 

 

David Cormack – Brisbane Barrister.

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