Death in the digital age: Are you prepared?

Estate of Karter Yu – Australian Court Admits to Probate a Will Created On An iPhone

The Decedent committed suicide in September 2011. Shortly before, he created a series of documents on his iPhone. One document stated, “This is the last Will and Testament” of the Decedent and referred to his address. The document set out his testamentary intentions regarding his entire estate, named executors, and included the Decedent’s name at the end of the document where a signature would typically appear.

Australian law provides that if a Court is satisfied that a person intended a document to form his or her Will, then the document is a Will as long as three conditions are met: there has to be document, it has to purport to state the decedent’s testamentary intentions, and the decedent had to intend it to form his Will. The Court concluded that the iPhone Will met all these requirements and admitted the Will to probate.



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