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Life Guidance from Beyond the Grave

We know a musician who has his own recording studio and he tells us that there has been an increase in people recording their thoughts for loved ones to view after they have died. It’s their way of giving family and friends something to hold onto once they pass. This article is reminiscent of that idea: –https://www.theguardian.com/lifeandstyle/2021/oct/10/ask-philippa-i-am-dying-will-it-help-my-beloved-husband-cope-if-i-leave-notes

It is kind and thoughtful. However, if you are going to do it you need to be careful to ensure it does not amount to an informal will. That is, care needs to be taken that it doesn’t contain any testamentary dispositions or appointments that could be taken to be a will or an informal will. In Australia we have legislation that enables an informal document declared to be a will.

Most people are aware of the concept of a formal will, however any document whether it be in writing, voice recording, video recording or even an unsent text message can be admitted to probate as an informal will. So if you have done a formal will and you do not want it to be upset by your thoughtful notes, video, recording or any kind of digital note then we recommend you seek legal advice on the document. If you would like to know more about informal wills, you can read our published articles at this link: https://christinesmythestatelawyers.com.au/index.php/2019/02/05/informal-video-will-declared-valid/

If you would like advice on this or any other estate law matter, please call us on: 07 55294548