In December 2018 the defacto partner of the deceased applied to the Brisbane Supreme Court for an order that a video recording her deceased partner had made (and retained as a file on his personal computer) be declared to be a valid Will.
The deceased was to purchase a new motorcycle, and on that morning his partner asked him to make a video to record his testamentary intentions. Later that day he was involved in an accident, sustaining significant injuries that resulted in his death.
He recorded his wishes that “everything goes to” his defacto, with further money set aside for his daughters education, and stated he would “fill out the damn forms later”. He also made clear that his estranged wife was not to receive anything from his estate.
His estranged wife opposed the application, alleging the video was not intended to be the deceased’s Will.
However, the Court found that the deceased did intend the video to operate as a Will, and accepted that he had testamentary capacity at the time of making the video recording. The video was consequently declared to form the Will of the deceased.
This Court Application was stressfull, and very costly for all of the parties involved. It is far more certain and cost effective to organise your affairs by preparing a properly written Will addressing disposition of your assets in a timely manner.