If a will is drafted on a mobile phone, is it valid? Not likely say US estate advisers…

digital afterlife or legacy on phone

“Michal Zacharzewski, SXC”

A recent court ruling in Queensland, Australia determined that a will that had been drafted on an iPhone was valid. This prompted IT Law Firm IdeaLaw to ask, could wills drafted on social media and in other informal scenarios be deemed as legally valid in the future?*

While it has been suggested as a possibility in Australia, this feature attracted some interesting feedback from legal and estate planning representatives in the US who indicated that this would depend on the state. However, in mentioned cases it was considered unlikely – at least, for the foreseeable future.

“For the US, that will depend on each state’s laws,” replied Jeff Dundon, Director, Gift Planning at UC Foundation. “It would not be considered a holographic will in Ohio and does not meet the requirements of written signed by testator and at least two independent witnesses. A statutory change could make it possible but I can foresee a lot of issues and contests for a ‘smart phone’ will.”

Reeve Chudd, Partner, Ervin, Cohen & Jessup added, “Not in California. We only have two types of Wills — (a) signed by the testator and witnessed by at least two independent witnesses, and (b) entirely in the testator’s handwriting which is signed and dated (holographic Will). Video Wills don’t work either.”

Dave Towers, a Gift Planning Officer at Victoria Hospital Foundation in Canada had the final say however, referring to a recent anniversary of a will drafted in extraordinary circumstances over 60 years ago. He pointed to a farmer’s last wishes that he etched onto the fender of a tractor after it fell on him during an accident. These were later accepted by a court in Saskatchewan.

A judge at the time ordered the fender portion of the tractor to be cut off and it has been displayed under a piece of glass in the Saskatchewan Law College Library ever since.

*IdeaLaw’s full analysis: “Can a document on a smartphone be a valid will?”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: