It seems that everything is becoming less formal and Wills are no exception. In a recent decision the Supreme Court in Brisbane determined that a Will typed in to the notes app of an iPhone was a valid and binding Will.
In this landmark decision the Court was convinced that the Will on the iPhone represented the clear intention of the deceased despite it failing to comply with the formal legal requirements of being in writing, signed and witnessed.
The Court warned that there were special factors in this case and that this decision did not mean that others can use a mobile phone app to draft their Will and expect that it will be valid in all cases. However, this decision is a significant shift in the Court’s thinking regarding the informality of Wills and we can expect that there may be more decisions that further erode formal legal requirements and make it more acceptable to leave testamentary dispositions which do not comply strictly with the relevant Wills Act in each State.