The Supreme Court of Queensland has decided that the recorded wishes of a dying woman filmed on a phone is valid as her final Will.
Last year I posted blogs addressing text message wills and the emerging trend of video wills.
The landmark decision in the matter of Marian Demowbray involved an application lodged by the executor of her estate requesting the video recording made from her Cairns hospital bed be considered for probate.
In considering the application the Court considered whether Ms Demowbray was of sound mind when creating the recording and whether her intentions for her assets were clear. When asked if she was in a good state of mind at the hospital, Ms Demowbray replied: “I’m very compos mentis“.
Justice Martin Burns has however been quick to dissuade others from doing the same. Clearly, the cost of a hearing in this matter is significantly greater than a traditional will professionally drafted by a lawyer.
While judgment has been given and probate granted, reasons for the decision are yet to be published.
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