In a Western Australian case decided in August, the deceased’s second wife and the deceased’s daughter from his first marriage sought to prove, as an informal Will, a video found on the deceased laptop following his death.
The quality of the video was very poor. An expert technician was engaged but he could not resolve that quality issue. The audio and video did not synchronise and the audio was not complete; cut off in parts.
The recordings were made approximately 5 years before the deceased passed away.
In those circumstances the Court was not satisfied that the deceased had intended that the video recording was intended to be a Will and declaration of testamentary intention. The video was incomplete, and the content was not comprehensive and the deceased had never mentioned the video to any other family member prior to his death. On that basis, it would not accept the video was a complete expression of the deceased’s testamentary intentions and ruled that it could not be considered a valid Will.
This case underlines the importance of ensuring you make your Will properly after seeking proper legal advice.
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