While not as quickly as other areas of the community, the legal industry is starting to embrace technology changes.
One case that highlights the point is Mellino v Wnuk & Ors [2013] QSC336. As usual, a link to the full decision can be found here. [http://archive.sclqld.org.au/qjudgment/2013/QSC13-336.pdf#!]
In summary, the critical aspects of this case are as follows:
- a deceased man, who had committed suicide, had made a DVD shortly before his death;
- on the physical copy of DVD, the man had written 'my will';
- the content on the DVD also, in a very informal way, explained the intention that the recording was to operate as a will on death;
- the court decided that each of the main requirements from a succession law perspective had been satisfied and therefore the DVD could operate as the deceased’s last will;
- the three main tests in this regard were as follows:
- the DVD was considered to be a 'document';
- the clear intention of the document was that it articulated the deceased's testamentary intentions; and
- the DVD adequately dealt with all property owned by the deceased at the date of his death.