LARRY is married with three children.

He makes a formal will leaving the whole of his estate to his wife.

When his relationship with his wife breaks down, Larry moves out of home and writes a new will on his computer, leaving the whole of his estate to his children.

He does not print nor execute the document.

When Larry passes away unexpectedly, his wife seeks a grant of probate over the formal will and a dispute arises as to the validity of the electronic Microsoft Word document.

Although a valid will needs to be executed in the presence of two witnesses, the Court has the power to dispense with these requirements if it is satisfied that the deceased intended for the document to form his will.

The hearing lasts three days.

Larry’s children, being minors, require a “tutor” to represent their interests.

The Court hears that Larry emailed the electronic document to his brother, stating that “this is my new will”.

The Court notes that at the time, Larry’s browser history indicates that he had visited websites containing information regarding divorce proceedings and financial management.

The Court was also able to identify that the document was largely based on a draft of his original will and that it was edited several times before it was last saved.

It comes to light that after Larry had drafted the electronic document, he sought legal advice in relation to family law and that he wished to finalise his property settlement before executing a new will.

It is argued that because Larry was aware of the requirements of making a new will, his failure to have the will properly witnessed, indicated that he did not intend the document to be his last will.

Imposing a high standard of proof, the Court ultimately finds that the electronic document was sufficient to constitute Larry’s last Will.

The legal costs were substantial and the legal process invasive.

Email Manny Wood, Principal Solicitor and Accredited Specialist in Wills and Estates at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.

This fictional column is only accurate at today’s date and is not legal advice.

By Manny WOOD, Solicitor