Hypothetical by Manny Wood published in the Coffs Coast News Of The Area on 11 September 2020.
Michael purchases a new motorcycle and on the same day, his partner asks him to make a will before going riding.
Michael takes-out his smart phone and makes a video recording. In the recording, Michael states that he wants $30,000 to go to his daughter upon completion of a university degree and that he wants everything else to go to his “girlfriend” Rachel, including all superannuation funds and insurances. He states that he wants nothing to go to his “soon-to-be” ex-wife and also states that he is of sound mind and body. He finally states that he will “fill-out the damn forms later”.
Unfortunately, Michael then takes the motorcycle for a ride and is involved in an accident, suffering a serious head injury.
Michael suffers memory loss as a result of the injury and forgets that he ever made the recording.
In tragic circumstances, Michael passes-away one year later due to an accidental overdose of prescription painkillers.
Michael’s legal wife applies for administration of his estate and in opposition, Rachel applies to the Court for an order that the video recording constitutes a valid will.
It is argued that because Michael never formalised his will during the course of the year following the recording, that it was not his intention for it to operate as his will when he passed.
However, the Court rules that Michael intended that the video recording would operate as his will at the time it was made and that it expressed his “testamentary intentions” and accordingly, declares the video to be a valid will. The court also states that Michael’s memory loss explained why he did not later formalise his will in writing.
If YOU would like a particular issue addressed please email Manny at manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.
