With courts recognising informal documents such as notes, emails, letters, video as having legal standing, one key aspect to think about carefully when planning post-mortem messages intended for next of kin, family or friends is what you should include in them. Even if your intent is good, by leaving a personal message you may raise a recipient’s expectations or sense of entitlement relating to an inheritance and risk the potential of your estate instructions being questioned after death.
There’s a plethora of digital services now available for consumers where they can share messages and information with their next of kin, friends and family after they die.
Darryl Browne, Solicitor at Browne-Linkenbagh explains that there has been a 60 per cent increase in claims over the last decade in Australia largely initiated by people who have been acknowledged within informal documentation by a deceased party which has later been used to contest the deceased person’s will.
In the UK also, claims for mis-handling a deceased person’s estate has tripled in a year, the result of inadequate safe guards put in place as people rely more and more on DIY wills and informal estate planning measures.
“When you make declarations that are wrong, that overly inflate a person’s worth to you or are inflammatory when recording last wishes, it can be counterproductive,” says Browne. “If a will is contested, claims will take two or more years to be resolved and can have significant emotional, legal and financial implications for the intended beneficiaries of your estate.”
Away For A Bit 