Jeff Richardson is a New Orleans attorney who writes a blog named iPhoneJD. He posts about matters concerning iPhones (and other iOS devices) and the practice of law. He asked me to write a post about the apps I prefer. Because I have too much free time, I obliged.
In Australia, a man who was despondent after his wife left him drafted a text message to his brother saying that he wanted his brother and nephew to keep all that he had, told him where his cash was stashed, provided the PIN to his bank accounts, bashed his wife, then signed it “my will.” He did not send the message. After the man killed himself, a friend found the unsent message on his phone. A court has admitted the text message as the will of the deceased man.
A few points:
1. Although digital wills are around the corner, this would not work in Ohio because it was not witnessed nor signed.
2. Unsent? I find it similar to an unsigned will – there is not enough proof that this is his intent.
3. A court in Australia previously held that a will typed on an iPhone was valid.
4. At this rate, Australian courts will soon declare wills written with all emojis as valid.
Photo Credit: news.com.au (?)
License: Fair Use/Education
An Australian court recently ruled that a will typed in the notes section of an iPhone is valid. The will was prepared by a man who committed suicide shortly thereafter. The will was not witnessed nor was it signed. Nonetheless, the court deemed it valid.
Several points:
1. Thanks to Charlie Young, the attorney who represented the estate of the deceased, for sending me this news.
2. Such a will in Ohio would not be valid because it did not meet the requirements of being witnessed by 2 individuals and signed by the deceased. Presumably, if 2 witnesses and the deceased had signed their names electronically, it would have a chance of being valid in Ohio. I would not want to represent the test case, though.
3. If the will had been written on a Microsoft tablet, it would most likely not have been found valid because no one would have figured out how to use the tiles in Windows 8.
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