This column discusses a recent landmark case out of Australia dealing with a suicidal man who digitally recorded what he described as his Will. The Australian Court applied a three pronged test holding that: (1) a document existed, (2) that it expressed the decedent’s statutory intention, and (3) the decedent intended for the document to be his Will. There are a number of major online companies like Google and Facebook that are trying to stay ahead of the digital revolution. Google is now giving account holders the ability to appoint a “digital heir,” while Facebook is letting its members appoint a “legacy contact.” As digital technology continues to become more advanced an increasing number of countries and jurisdictions will likely modify their laws dealing with drafting Wills to adapt to modern times.
See Kate Clague, iWills- the age of the digital Will, DQ, August 17, 2015.
